U/iiili^iLiiv 

' 


REESE  LIBRARY 

OF  THE 

I    UNIVERSITY  OF  CALIFORNIA. 


Class 


THE 


DIPLOMATIC    CORRESPONDENCE 


OF    THE 


AMERICAN  REVOLUTION. 


VOL.    X. 


THE 

DIPLOMATIC   CORRESPONDENCE 

OF  THE 

AMERICAN    REVOLUTION; 


THE  LETTERS  OF  BENJAMIN  FRANKLIN,  SILAS  DEANE,  JOHN 

ADAMS,  JOHN  JAY,  ARTHUR  LEE,  WILLIAM  LEE,  RALPH 

IZARD,  FRANCIS  DANA,  WILLIAM  CARMICHAEL,  HENRY 

LAURENS,  JOHN  LAURENS,  M.  DE  LAFAYETTE,  M. 

DUMAS,  AND  OTHERS,  CONCERNING  THE  FOREIGN 

RELATIONS  OF  THE  UNITED  STATES  DURING 

THE  WHOLE  REVOLUTION  j 

TOGETHER    WITH 

THE  LETTERS  IN  REPLY  FROM  THE  SECRET  COMMITTEE  OF 
CONGRESS,  AND  THE  SECRETARY  OF  FOREIGN  AFFAIRS. 

ALSO, 

THE    ENTIRE    CORRESPONDENCE    OF    THE    FRENCH    MINISTERS, 
GERARD  AND  LUZERNE,  WITH  CONGRESS. 


Published  under  the  Direction  of  tho  President  of  the  United  States,  from 
the  original  Manuscripts  in  the  Department  of  State,  conformably 
to  a  Resolution  of  Congress,  of  March  27th,  1818. 


BY  JARED    SPARKS. 


VOL.  X. 


BOSTON: 

NATHAN  HALE  AND  GRAY  &  BOWEN  j 

Q.   &  C.  &  H.    CARVILL,    NEW   YORK  J    P.  THOMPSON,    WASHINGTON, 

1830. 


V.A 


Steam  Power  Press — W.  L.  Lewis'  Print. 
No.  6,  Congress  Street,  Boston 


CONTENTS 


TENTH    VOLUME 


GENERAL  LAFAYETTE'S  CORRESPONDENCE. 


Page, 

Resolve  of  Congress  respecting  General  Lafayette. 
In  Congress,  November  23d,  1781,  -       5 

Expressing  their  sense  of  his  services,  and  di  "acting 
the  foreign  Ministers  and  other  officers  of  the 
United  States  to  consult  with  him. 

To   Robert  R.   Livingston.      Antony,   near   Paris, 
March  30th,  ]  782,  7 

Ministerial  changes  in  England. 

To  Robert  R.  Livingston.     St  Germain,  June  25th, 

1782,  '    -       8 

Composition,  character,  and  policy  of  the  Shelburne 
Ministry. — Defeat  of  Count  de  Grasse. — Siege  of 
Gibraltar. 

Robert  R.   Livingston  to  M.  de  Lafayette.  Phila 
delphia,  September  18th,  1782,  -     15 

The  Count  de  Segur.— Character  of  the  British 
Ministry. 

Robert   R.  Livingston   to  M.  de  Lafayette.     Phila 
delphia,  November  2d,  1782,  -     16 

Political  and  military  state  of  America. 

To  the  President  of  Congress.     Brest,  December 
3d,  1782,       -  19 

Is  about  to  embark  on  a  voyage  in  the  service  of 
America. 

Robert  R.  Livingston  to  M.  de  Lafayette.     Phila 
delphia,  January  10th,  1783,  20 
Discontents  in  the  army  on  account  of  ^  the    want  of 
money. — Regrets    the    departure    of"  th^    French 
troops. 
TOL.    X.                       B 


VI  CONTENTS. 

Page. 

To  William  Carmichael,  at  Madrid.    Cadiz,  January 
20th,  1783,  -      22 

America  ought  to  treat  with  Spain  only  on  an  equal 
footing. 

To  Robert  R.   Livingston.      Cadiz,  February  5th, 
1783,  -      24 

Objects  of  his  voyage. — Mr  Carmichael  desires  his 
presence  at  Madrid.— Disposition  of  Spain. — 
Southern  boundaries. — Recommends  Mr  Harrison 
to  be  Consul  at  Cadiz. 

To  the  President  of  Congress.     Cadiz,  February 
5th,  1783,     -  -      26 

Congratulations  on  the  peace. — Desires  the  annexa 
tion  of  Canada  to  the  United  States. — His  presence 
required  in  Madrid. 
To  the  Count  de  Florida  Blanca.   Madrid,  February 

19th,  1783,  -      30 

Submitting  to  his  revision  the  results  of  previous 
conferences  on  American  affairs. 

Count    de    Florida    Blanca   to    M.    de    Lafayette. 
Pardo,  February  22d,  1783,  -      32 

Acknowledges  the  correctness  of  the  statements  con 
tained  in  the  preceding  letter. — The   King  is  dls-' 
posed  to  settle  the  affair  of  the  boundaries -aTriicably. 

To  the  Count   de  Florida  Blanca.     Madrid,  Feb 
ruary  22d,   1783,  -      33 
The     Spanish     Minister    explains    his     sentiments 
concerning  the  boundary. 

To  Robert  R.  Livingston.     Bordeaux,  March  2d, 
1783,  -      33 

Interviews  with  the  Count  de  Florida  Blanca. — 
The  Spanish  Court  fears  the  effect  of  the  Ameri 
can  revolution  on  its  Colonies. — Conferences  with 
the  other  Spanish  Ministers. — Disposition  of  the 
Spanish  Court  towards  the  United  States. — Urges 
the  necessity  of  strengthening  the  union. 

Robert  R.  Livingston   to  M.  de  Lafayette.     Phila 
delphia,  May  1st,  1783,  -      38 

Acknowledges  the  importance  of  his  correspondence, 
and  his  services  in  Europe  in  the  cause  of  Amer 
ica. — Proceedings  in  America  in  consequence  of 
the  ratification  of  the  Provisional  Articles. 

To  the  President  of  Congress.     Chavaniac,  in  the 
Province  of  Auvergne,  July  20th,  1783,  -      40 

Russia  is  determined  on  a  Turkish  war. — Endeavors 
to  obtain  L'Orient  and  Marseilles  as  free  ports. 


CONTENTS.  V\l 

Page. 

To  the  President  of  Congress.     Nantes,  September 
7th,  1783,     -  -      42 

Applies  to  the  French  Ministry  and  the  American* 
Commissioners  on  the  subject  of  American  debts. — 
Commerce  between  France  and  America. — War 
like  preparations  in  the  East. — Necessity  of  con 
ciliating  the  army  and  cementing  the  union. — 
Will  return  to  America  as  soon  as  his  presence  in 
Europe  ceases  to  be  useful. 

To  the  President  of  Congress.     Paris,  December 
26th,  1783,  -      45 

Changes   in   the    British   Ministry. — Affairs  in   the 

East. 

To  John  Jay,  Secretary  of  Foreign  Affairs.     Mount 
Vernon,  November  25th,  1784,  -       46 

Regrets  the  publication  of  certain  papers  relating  to 
the  Indian  treaty. 

To  John  Jay.     Versailles,  February  8th,  1785,  48 

Affairs  of  Europe. 

To  John  Jay.     Paris,  March  19th,  1785;  -      50 

Urges  the  surrender  of  INew  Orleans  to  America,  or 
the  declaration  of  it  as  a  free  port. — European 
affairs. — Opposition  of  the  mercantile  interest  to  a 
liberal  commercial  policy. 

To  John  Jay.     Paris,  May  1 1th,  1785,  -      51 

European  affairs. —  Endeavors  to  obtain  privileges  for 
the  American  trade  in  France. — Intends  to  visit 
the  south  of  France  and  Germany. 

To  John  Jay.     Vienna,  September  6th,  1785,        -      52 

Calls  the  attention  of  Congress  to  the  Memorial  of 
M.  d'Argaynarat. 

To  John  Jay.     Paris,  February  llth,  1786,  -       53 

Sentiments  of  the  German  Courts  concerning  Amer 
ica. — The  stability  of  democratical  forms  of  gov 
ernment,  and  of  the  union  of  the  States  distrusted 
in  Europe. — European  affairs. 

To  John  Jay.     Paris,  October  28th,   J786,  -      57 

Expresses  his  astonishment  that  M.  Gardoqui  should 
raise  any  doubts  respecting  the  adoption  of  the 
English  limits  in  America. — The  navigation  of  the 
Mississippi  must  be  enjoyed  by  the  United  States. 
— The  appointment  of  the  convention  has  a  good 
effect  in  Europe. — Recommends  a  confederacy  of 
America  and  the  powers  of  southern  Europe 
against  the  Barbnry  States. 
To  John  Jay.  Paris,  February  7th,  1787,  -  59 

European  affairs.— The  disturbances  in  New  Eng 
land  excite  distrust  in  Europe. 

To  John  Jay.     Paris,  May  3d,  1787,  -      60 

Proceedings  of  the  notables  in  France.— The  interest 


Vlil  CONTENTS. 

Page 

of  the   American  debt   unpaid. — Hopes  from  the 
convention  at  Philadelphia. — Character  of  Brienne. 
To  John  Jay.       Paris,  October   15th,   1787,         -      63 

State  of  affairs  in  Europe. — Effects  of  a  maritime 
war  on  America. — The  present  time  favorable  for 
obtaining  the  restoration  of  the  forts  and  the  navi 
gation  of  the  Mississippi. 


THE  CORRESPONDENCE  OF  THE  COMMIS 
SIONERS  FOR  NEGOTIATING  A  PEACE 
WITH  GREAT  BRITAIN. 


Commission  to  treat  of  Peace,  -      71 

Commission  to  accept  the  mediation  of  the  Empress 
of  Russia  and  the  Emperor  of  Germany,  -  73 

Instructions  to  the  Commissioners  for  Peace.  In 
Congress,  June  15th,  1781,  75 

The  King's  warrant  for  Richard  Oswald's  first  Com 
mission  for  negotiating  Peace,  -  76 

Richard  Oswald's  second  Commission  for  negotia 
ting  Peace,  -  80 

Commission  to  William  T.  Franklin,  83 

From  Benjamin  Franklin  and  John  Jay.  appointing 
him  Secretary  to  the  Commissioners. 

Resolutions  of  Congress.    In  Congress,  October  3d, 

1782,  -      86 

Declaring  their  intention  to  adhere  to  their  alliance 
with  France,  and  to  prosecute  the  war  till  the  con- 
elusion  of  a  general  peace,  and  their  entire  confi 
dence  in  the  support  of  France. 

Articles  agreed  on  between  the  American  and  Brit 
ish  Commissioners.  October  8th,  1782,  88 

Richard  Oswald  to  the  Commissioners.  Paris,  No 
vember  4th,  1782,  -  92 

Insisting  on  the  restoration  of  the  property  confis 
cated  for  attachment  to  the  British  cause,  and  on 
a  general  amnesty. 

Articles  taken  to  England  by  Mr  Strachey.  No 
vember  5th,  1782,  -  94 

H.  Strachey  to  the  Commissioners.  Paris,  Novem 
ber  5th,  1782,  -  98 

Urging  the  indemnification  of  the  refugees  as  indis 
pensable  to  peace. 


CONTENTS.  IX. 

Page 

To  Richard  Oswald.     Paris,  November  5th,  1782,      99 

Restitution  of  the  estates  of  the  refugees  is  impossi 
ble. — Indemnification  can  only  be  granted  on  con 
dition  of  retribution  to  American  citizens  for  the 
destruction  of  their  property  during  the  war. — The 
amnesty  cannot  be  extended  any  further. 

To  H.  Strachey.     Paris,  November  6th,  1782,  101 

Enclosing  the  preceding  letter. 

Third  set  of  Articles.     November  25th,  1782,        -    101 
Article   proposed   and  read  to  the   Commissioners, 
before  signing  the  Preliminary  Articles,      -         -    106 

Demanding  compensation  for  all  the  private  property 
seized  or  destroyed  during  the  war. — FACTS  in 
regard  to  this  subject. 

To  M.  de  Lafayette.    Paris,  November  28th,  1782,    108 

Approve  of  his  return  to  America. 

Provisional  Articles  of  Peace,      -  -    109 

To  Francis  Dana  at  Petersburg.  Paris,  December 
12th,  1782,  116 

Informing  him  of  the  signing  of  the  Provisional 
Articles,  and  advising  the  communication  of  his 
mission. 

To  Robert  R.  Livingston.  Paris,  December  14th, 
1782,  -  117 

Enclosing  a  copy  of  the  preliminaries  of  peace,  with 
remarks  on  some  of  the  articles. 

Resolution    of    Congress    respecting    Commercial 
Stipulations.    In  Congress,  December  31st,  1782,    121 
Instructing   the   Commissioners    to    stipulate   for   a 
diiect  commerce  between  the  British  dominions 
and  the  United  States. 

English  Commissioners'  Declaration  of  the  Cessa 
tion  of  Hostilities.  Paris,  January  20th,  1783,  121 

Signature  of  the  above  Declaration  by  the  American 
Commissioners,  -  -  12.3 

British  King's  Proclamation,  Declaring  a  Cessation 
of  Arms,  -  -  124 

Alleyne  Fitzherbert  to  the  Commissioners.  Paris, 
February  18th,  1783,  -  126 

Enclosing  passports  for  American  vessels  and  the 
preceding  proclamation. 

American  Commissioners'  Declaration  of  the  Ces 
sation  of  Hostilities,  127 

Robert  R.  Livingston  to  the  Commissioners. 
Philadelphia,  March  25th,  1783,  129 

General  satisfaction  with  the  Preliminary  Articles. — 
Remarks  on  the  5th  Article. — Regrets  the  signing 


X  CONTENTS. 

Page 

of  the  treaty    without    communication    with   the 
French  Court,  and  the  concealing  of  the  Separate 
Article. 
Proclamation  of  Congress,  Declaring  a  Cessation  of 

Arms,  -    133 

Robert  R.  Livingston  to  the  Commissioners.     Phil 
adelphia,  April  21st,  1783,       -  -    136 

Proceedings  in  Congress  relative  to  the  ratification 
of  the  Provisional  Articles. — Points  out  some  am 
biguities  in  the  Articles. 

Mr  Grand  to  the  Commissioners.    Paris,  May  10th, 
1783,  -    139 

Enclosing  a  statement  of  sums  for  which  he  is  re 
sponsible  on  behalf  of  the  United  States. — Diffi 
culty  of  meeting  the  payment. 

M.    de   Lafayette   to   the    Commissioners.       Paris, 
May  12th,*  1783,  -    141 

Is  requested  by  the  Count  de  Vergennes   to  inquira 
if  the    Commissioners   will    conclude    the    treaty 
under  the  mediation  of  Austria  and  Russia. 
David  Hartley's  Commission,       -  -    J42 

An  Order  of  the  British  Council.     At  the  Court  of 
St  James,  May  14th,  1783,      -  144 

Authorising  the  importation  of  unmanufactured 
aiticles  from  the  United  States,  and  allowing  the, 
same  privileges  on  merchandise  exported  into  the 
United  States,  as  upon  those  exported  to  the 
foreign  dominions  of  Great  Britain. 

Count  de  Vergennes' Proposed  New  Articles,         -    146 

Interpreting  the  2d  and  3d  Articles  of  the  treaty  of 
commerce  of  1778,  so  as  to  place  the  two  powers 
mutuaAy  on  the  footing  of  the  most  favored  nation. 

To  Mr  Grand.     Paris,  May  22d,  1783,  147 

Regret  that  they  cannot  relieve  his  difficulties. 

Robert  R.  Livingston  to  the  Commissioners.    Phil 
adelphia,  May  28th,  1783,       -  148 
Violation  of  the  Articles  of  the  Provisional  Treaty, 
by  the  British  General  sending  off  slaves. — Com 
plains   of  want  of  information  from  the  Commis 
sioners. 

Robert  R.  Livingston  to  the  Commissioners.     Phil 
adelphia,  May  31st,  1783,  149 

Propositions  from  Holland. — Congress  will  be  averse 
to  engagements  that  may  involve  them  in  Eu 
ropean  quarrels. — Dissatisfaction  with  the  5th  and 
6th  Preliminary  Articles. 

John  Adams's  Proposed  Agreement.      June,  1783,    151 
John  Jay's  Proposed  Agreement.     June,  1783,      -    153 


CONTENTS.  XI 

Page. 

David  Hartley's  Proposed  Agreement.    June,  1783,    154 
Report  of  a  Committee  of  Congress,     -  -    155 

On  the  proposition  of  Holland,  that  America  should 
accede  to  the  treaty  of  the  armed  neutrality  and  con 
clude  a  similar  treaty  with  the  other  belligerents. — 
Congress  came  to  the  resolution,  to  instruct  the 
Commissioners  not  to  enter  into  any  engagement, 
which  should  bind  the  contracting  parties  to  sup 
port  it  by  arms. 

David  Hartley  to  the  Commissioners.     Paris,  June 
14th,  1783,  -    158 

The  British  Court  desires  a  sincere  reconciliation  of 
the  two  countries. — It  is  not  an  exact  literal  reci 
procity  that  is  desirable,  but  a  substantial  reci 
procity. — The  old  British  policy  cannot  easily  be 
abandoned  at  once. —  A  temporary  convention  be 
tween  the  two  powers  would  tend  to  remove  the 
difficulties  in  the  way  of  an  entire  reconciliation 
and  reciprocity. 

David  Hartley's  Memorial  to  the  Commissioners,         165 

On  the  proposed  reciprocity  of  intercourse  between 
Great  Britain  and  America. — Circumstances  which 
must  prevent  a  permanent  connexion  between 
America  and  France  ;  Spain  ;  the  Italian  powers  ; 
the  Northern  powers  ;  Holland. — Great  Britain 
and  America  must  be  connected  in  friendly  or 
hostile  relations. 

The  President  of  Congress  to  the  Commissioners. 
Philadelphia,  June  16th,   1783,  -    172 

Transmitting  papers  in  consequence  of  Mr  Livings 
ton's  resignation. 

Henry  Laurens  to  the   Commissioners.      London, 
June  17th,  1783,  -    173 

Interview  with  Mr  Fox. — Symptoms  of  coldness. 

The  President 'of  Congress  to  B.  Franklin.     Phila 
delphia,  June  18th,  1783,  -    174 

Thanks  him  for  medals  — The  Americans  are  irritated 
by  the  British  holding  New  York  and  sending 
away  negroes. 

Henry   Laurens  to    the   Commissioners.     London, 
June  20th,  1783,  -    176 

Coolness  of  the  Ministry. 

To  the   Count  de  Vergennes.     Passy,  June  28th, 
1783,  -    177 

Desiring  assistance  to  meet  the  bills  drawn  by  Mr 
Morris. 

Propositions  made  by  the  Commissioners  to  David 
Hajrtley  for  the  Definitive  Treaty,      -  -    178 


XU  CONTENTS. 

Page. 

David  Hartley's  Six  Propositions  for  a  Definitive 
Treaty.  June,  1783,  -  182 

The  Commissioners'  Answers  to  Mr  Hartley's  Six 
Propositions,  183 

To  David  Hartley.     Passy,  July  17th,  1783,         -    185 

Communicate  the  ratification  of  the  Provisional 
Articles  by  Congress. — Complain  of  the  violation 
of  the  articles  by  the  British  commander  in 
America. — Piopose  that  no  executions  shall  be 
issued  against  British  debtors  in  America  under  a 
delay  of  three  years. 

To  Robert  R.  Livingston.    Passy,  July  18th,  1783,    187 

Defence  of  their  conduct  in  regard  to  the  Separate 
Article. — Reasons  for  framing  the  article,  and  for 
withholding  the  communication  of  it  to  France 
and  Spain. — Explanations  of  the  alleged  ambigui 
ties  in  the  other  articles. 

To  Robert  R.  Livingston.     Paris,  July  27th,  1783,    193 

State  of  the  negotiations. 

Project  for  a  Definitive  Treaty  of  Peace,       -         -    195 

Ratification  of  the  Provisional  Articles  by  Great 
Britain,  -  206 

An  Act  of  the  British  Parliament,  repealing  certain 
Acts  prohibiting  Intercourse  with  the  United 
States,  -  207 

David  Hartley  to  the  Commissioners.  Paris,  Au 
gust  29th,  1783,  -  209 

Desiring  them  to  fix  the  day  for  signing  the  Defini 
tive  Treaty. — His  instructions  confine  him  to 
Paris. 

To  David  Hartley.     Passy,  August  30th,  1783,         209 

Appointing  a  time  for  signing  the  treaty. 

David  Hartley  to  the  Commissioners.  Paris,  Sep 
tember  4th,  1783,  -  210 

Congratulates  them  on  the  signing  of  the  treaty. — 
Assures  them  of  the  sincere  wish  of  the  British 
Court  for  an  entire  reconciliation. 

B.  Franklin  to  Charles  Fox.  Passy,  September 
5th,  1783,  .  211 

Expressing  his  satisfaction  with  Mr  Hartley. 

To  David  Hartley.     Passy,  September  5th,  1783,     212 

Desire  a  return  of  cordiality  between  the  two  coun 
tries. — Some  of  the  proposed  stipulations  are  not 
within  their  instructions. 

To  David  Hartley.     Passy,  September  7th,  1783.     213 

Transmitting  a  resolve  of  Congress,  ordering  the 
issuing  of  a  commission  to  negotiate  a  treaty  of 
commerce. 


CONTENTS.  Xlll 

Page. 

To  the  President  of  Congress.     Passy,  September 
10th,  1783,  -    214 

Recommending  Mr  Thaxter. — Account  of  their  ne 
gotiations  subsequent  to  the  signing  of  the  Provis 
ional  Articles. — The  articles  relating  to  the  tories. 
— Injurious  impressions  made  in  Europe  by  the 
popular  assemblies  in  America. — Recommends  the 
appointment  of  a  Minister  to  Great  Britain. — 
Connexions  with  other  powers. — Necessity  of  a 
common  national  policy  in  the  States. 

From   Congress  to   the   Commissioners.      October 
29th,  1783,  -    222 

Instructing  them  to  express  to  the  Emperor  the  de 
sire  of  Congress  to  enter  into  a  treaty  of  amity  and 
commerce  with  him ;  to  meet  the  advances  of 
other  European  powers  on  the  basis  of  perfect 
equality  and  reciprocity  ;  to  demand  satisfaction  of 
the  Danish  Court  for  the  seizure  of  American 
prizes  in  Danish  ports  ;  to  report  to  Congress  in 
formation  as  to  the  expedition  of  Commodore 
Jones ;  to  take  no  further  steps  for  the  admission 
of  the  United  States  into  the  confederacy  of  the 
neutral  powers  ;  to  hasten  the  conclusion  of  the 
Definitive  Treaty  ;  to  negotiate  an  explanation  of 
a  paragraph  in  the  Declaration  of  the  cessation  of 
hostilities  — Authorising  Mr  Jay  to  call  Mr  Car- 
michael  to  Paris  for  the  purpose  of  adjusting  their 
accounts. — Giving  Mr  Jay  leave  to  go  to  Bath. 

Ratification  of  the  Definitive  Treaty  by  Congress,      226 
Proclamation  of  Congress  respecting  the  Definitive 
Treaty,  -    226 

Accompanied  by  Resolutions  recommending  the 
adoption  of  measures  by  the  States  for  the  restitu 
tion  of  confiscated  property  of  British  subjects. 

Ratification    of    the    Definitive    Treaty    by    Great 
Britain,          -  -    229 


CONRAD  ALEXANDER  GERARD'S  CORRESPON 
DENCE. 

Letter  from  the  King  of  France  to  Congress,          -    235 

Letter  of  credence  for  M.  Gerard,  in  the  character  of 
Minister  of  France  to  the  United  States. 

Appointment  of  Consul-General  of  France   in  the 

United  States,  -    236 

The  King  of  France  to  Congress,  -    238 

Letter  of  credence  for  Count  d'Estaing. 
VOL.    X.  C 


XIV  CONTENTS. 

Page. 

Count  d'Estaing  to  the  President  of  Congress.  At 
Sea,  July  8th,  1778,  -  -  239 

Communicating  his  credentials  and  his  readiness  to 
co-operate  with  General  Washington. — M.  Gerard. 
Resolves  of  Congress  respecting   the   Count   d'Es- 
taing's  Letter,  and  the  reception  of  M.  Gerard. 
In  Congress,  July  11  th,  1778,  -    241 

To  the  President  of  Congress.  Philadelphia,  July 
14th,  1778,  -  243 

Offering  the  protection  of  Count  d'Estaing's  squad 
ron  to  the  armed  vessels  of  the  United  States. 
To  the  President  of  Congress.     Philadelphia,  July 
14th,  1778,  -    244 

Requesting  Congress  to  make  provision  for  the  Eng 
lish  prisoners  on  board  the  French  squadron. 

Ceremonial  of  admitting  the  French  Minister  to 
Congress.  In  Congress,  July  20th,  1778,  -  245 

To  the  President  of  Congress.  Philadelphia,  No 
vember  9th,  1778,  -  251 

Requesting  Congress  to  take  measures  for  the  sail 
ing  of  vessels  with  supplies  for  the  French  forces. 

To  the  President  of  Congress.  Philadelphia,  No 
vember  20th,  1778,  -  253 

Informing  Congress,  that  it  is  not  usual  to  publish 
treaties  until  the  ratifications  have  been  ex 
changed. 

Notes  of  M.  Gerard  to  Congress.  Philadelphia, 
December  2d,  1778,  -  -  253 

Method  of  rendering  acts  in  America  valid  in  France. 
— Plan  for  discharging  the  debt  due  to  Hor- 
talez  &  Co.  by  furnishing  the  French  forces  in 
America  with  provisions  at  the  expense  of  the 
United  States. 

To  the  President  of  Congress.  Philadelphia,  De 
cember  6th,  1778,  -  254 

Intends  to  encourage  the  capture  of  ships  loaded 
with  ship-timber  by  privateers. 

To  the  President  of  Congress.     Philadelphia,  De 
cember  7th,  1778,  -    255 
Requesting  to  be  informed  if  the  United  States  have 
reserved  the  liberty  of   treating  separately  with 
England. 

To  the  President  of  Congress.  Philadelphia,  De 
cember- 14th,  1778,  -  257 

On  the  purchase  of  flour  and  rice  for  the  French 
fleet. 


CONTENTS.  XV 

Page. 

To  the  President  of  Congress.    Philadelphia,  Janu 
ary  4th,  1779,  -    258 
The  articles  furnished  by  Beaumarchais  were  sold  to 
him  by  the  government,  who  is,  therefore,  a.  credi 
tor  of  the  United  States. 

To  the  President  of  Congress.    Philadelphia,  Janu 
ary  5th,  1779,        -  -   260 

Complaining  of  certain  assertions  in  the  newspapers, 
which  imply  that  France  had  assisted  America 
previous  to  the  alliance. 

To  the  President  of  Congress.     Philadelphia,  Janu 
ary  10th,  1779,      -  -    262 

Urging  an  answer  of  Congress  to  the  representations 
of  the  preceding  letter. — Answer  of  Congress  dis 
proving  the  passages  referred  to. 

To  the  President  of  Congress.    Philadelphia,  Janu 
ary  14th,  1779,      -  -    263 

Acknowledging  the  answer  of  Congress  abovemen- 

tioned. 

To  the  President  of  Congress.    Philadelphia,  Janu 
ary  15th,  1779,      -  -   264 
Relative  to  the  sentiments  of  Congress  concerning 
certain  French  officers. 

Messrs  Duportail,   La  Radiere,   and  Laumoy  to  M. 
Gerard.     Philadelphia,  January  15th,  1779,  265 

Consenting  to  remain  in  the  service  of  the   United 

States. 

To  the  President  of  Congress.  Philadelphia,  Feb 
ruary  3d,  1779,     -  -    267 

Supply  of  provisions  for  the  French  fleet  in  the  Gulf 

of  Mexico. 

To  the  President  of  Congress.     Philadelphia,  Feb 
ruary  8th,  1779,      -  -    267 

Requesting  to  be  admitted  to  an  audience  by  Con 
gress. 

To  the  President  of  Congress.     Philadelphia,  Feb 
ruary  9th,  1779,    -  -    268 

The  King  of  France  grants  a  new  supply  of  seven 
hundred  and  fifty  thousand  livres. — The  articles 
furnished  by  Beaumarchais  were  not  a  present 
from  France. — The  French  Court  cannot  answer 
for  the  house  of  Hortalez  &  Co. 

To  the  President  of  Congress.     Philadelphia,  Feb 
ruary  9th,  1779,    -  -    269 

The  King  of  Spain  has  determined  to  adopt  decisive 
measures. — Advises  the  nomination  of  agents  to 
conduct  the  negotiations  for  peace. — Conference 
of  M.  Gerard  with  Congress. 


XVI  CONTENTS. 

Page, 

To  the  President  of  Congress.    Philadelphia,  March 
14th,  1779,  -    272 

Relative  to  means  of  regulating  the  rate  of  ex 
change. 

To  the  President  of  Congress.    Philadelphia,  March 
16th,  1779,  -    272 

Requesting  facilities  for  transporting  French  pris 
oners. 

To  the  President  of  Congress.    Philadelphia,  March 
17th,  1779,  -    273 

Urging  the  measures  for  conducting  the  negotiations 
for  peace. — The  delay  of  this  measure  creates 
suspicions  of  divisions  in  Congress. 

To  the  President  of  Congress.    Philadelphia,  March 
31st,  1779,  -    275 

Intention  of  returning  to  France. — Urges  the  send 
ing  out  of  Ministers  with  full  powers  to  treat. 
To  the  President   of  Congress.       Mount  Pleasant, 
April   6th,  1779,  -    276 

Communicating  extracts  of  letters  from  Martinique. 

To  the  President  of  Congress.     Philadelphia,  April 
24th,  1779,  -    279 

Respecting  the  capture  of  two  Spanish  vessels  by 
American  privateers,  and  their  condemnation. — 
Memorial  of  Don  Juan  de  Miralles  to  M.  Gerard 
on  this  subject. 

To  the  President  of  Congress.     Philadelphia,  May 
3d,  1779,      -  -    283 

Urging  Congress  to  adopt  measures  for  taking  part 
in  the  negotiations  for  peace. 

To  the  President  of  Congress.     May  4th,  1779,         284 

Communicating  a  note  of  the  King  of  France. 

From  the  King  of  France  to  Congress,  -    284 

Informing  them  of  the  birth  of  a  Princess. 

To  the  President  of  Congress.      Philadelphia,  May 
6th,  1779,  -    285 

Urging  measures  for  entering  into  the  negotiations. 
— The  British  government  intend  to  push  the  war 
with  vigor. — Further  grant  of  supplies. 

To  the  President  of  Congress.     Philadelphia,  May 
9th,  1779,  -    287 

Count  d'Estaing  will  appear  on  the  American  coasts 
in  compliance  with  the  wishes  of  Congress. — De 
sires  that  supplies  may  be  in  readiness  on  the  ar 
rival  of  the  fleet. 

To  the  President  of  Congress.     Philadelphia,  May 
9th,  1779,  -    289 

On  the  proposed  co-operation  of  Count  d'Estaing. 


CONTENTS.  XVII 

Page. 

To  the  President  of  Congress.     Philadelphia,  May 
19th,  1779,  -    290 

Communicating  the  succeeding  Memorial  on  the 
Spanish  vessels  brought  into  port  by  American 
privateers. — Reply  of  Congress,  promising  repara 
tion  in  case  of  injustice. 

To  the  President  of  Congress.     Philadelphia,  May 
22d,  1779,  -    294 

Objects  of  the  alliance  between  France  and  the 
United  States. — Consequent  measures  of  the 
French  government. — Extent  of  the  engagements 
of  France. — Necessity  of  speedy  measures  on  the 
part  of  Congress  for  participating  in  the  negotia 
tions  for  peace. 

To  the  President  of  Congress.     Philadelphia,  May 
24th,  1779,  -    299 

Expressing  his  satisfaction  with  the  arrangements  of 
Congress  for  levying  supplies  by  a  tax. 

To  the  President  of  Congress.     Philadelphia,  May 
25th,  1779,  •    301 

Acknowledges  the  reception  of  resolutions  of  Con 
gress,  expressing  their  determination  to  retaliate 
for  cruelties  committed  by  the  English  on  French 
subjects  in  America,  in  the  same  manner  as  if 
committed  on  citizens  of  the  States. 

To  the  President  of  Congress.     Philadelphia,  May 
27th,  1779,  -    302 

Importance  of  a  speedy  decision  of  Congress  in  re 
gard  to  the  negotiations  for  peace,  for  securing  the 
favor  of  Spain,  and  for  facilitating  the  co-operation 
of  the  French  forces  in  America. 

To  the  President  of  Congress.     Philadelphia,  June 
21st,  1779,  -    305 

Proposing  the  adoption  of  measures  for  maintaining 
the  immunity  of  the  French  flag  in  the  United 
States. 

To  the  President  of  Congress.     Philadelphia,  July 
5th,  1779,  -    306 

Relative  to  the  loading  and  destination  of  a  French 
supply  ship. — Frauds  committed  in  exporting  pro 
visions  for  the  French  fleet. 

To  the  President  of  Congress.     Philadelphia,  July 
5th,  1779,  -    309 

Requesting  that  protection  may  be  given  to  the 
provisions  purchased  for  the  French  forces. — De 
sires  to  know  if  a  sufficient  supply  can  be  obtained 
in  the  States. 


XV11I  CONTENTS. 


Report  of  a  Committee  respecting  a  Conference 
with  the  Minister  of  France.  In  Congress,  July 
10th,  1779,  -  312 

Containing  seven  articles  read  by  the  Minister, 
with  his  verbal  explanations  on  each  article,  re 
lating  to  the  claims  of  Beaumarchais,  the  dis 
avowal  by  Congress  of  any  disposition  to  conclude 
a  separate  peace,  the  appointment  of  a  Minister 
Plenipotentiary  to  France,  the  want  of  preparation 
for  the  approaching  campaign  on  the  part  of  the 
States,  the  desire  of  the  English  Court  to  be  recon 
ciled  with  France  without  an  express  acknowl 
edgment  of  American  independence,  &c. 
To  the  President  of  Congress.  Philadelphia,  July 
26th,  1779,  -  323 

Returning  thanks  for  the  permission  to  expedite  the 
supply  ship,  and  requesting  an  examination  into 
the  pretended  frauds,  practised  with  regard  to  the 
ships  employed  in  carrying  provisions  to  the 
French  fleet. 

To  the  President  of  Congress.  Philadelphia,  July 
26th,  1779,  -  324 

Requesting  that  the  provisions  destined  for  the 
French  fleet  may  remain  in  the  public  magazines. 

To  the  President  of  Congress.  Philadelphia,  July 
26th,  1779,  -  324 

Demanding  satisfaction  for  the  attacks  made  on  M. 
Holker,  French  Consul,  and  requesting  the  adop 
tion  of  measures  for  protecting  the  officers  of 
France  from  future  insults. 

M.  Gerard  to  the  President  of  the   State  of  Penn 
sylvania.     Philadelphia,  July  26th,  1779,  -    327 
M.    Holker  to   Joseph  Reed,  President  of  Pennsyl 
vania.     Philadelphia,  July  24th,  1779,       -         -    331 
To  the  President  of  Congress.     Philadelphia,  July 
28th,  1779,                                                              -    334 

Enclosing  certain  papers  relative  to  M.  Holker,  viz.  ; 

Joseph  Reed  to  M.  Holker.  Philadelphia,  July 
24th,  1779,  -  335 

Joseph  Reed  to  William  Henry,  Chairman  of  the 
Committee.  Walnut  Street,  July  23d,  1779,  337 

William  Henry  to  Joseph  Reed.  Friday  After 
noon,  5  o'clock,  Committee  Room,  -  338 

M.  Holker  to  M.  Gerard.  Philadelphia,  July  29th, 
1779,  -  339 

Transmitting  papers  relative  to  the  affair  of  the 
flour  at  Wilmington. 


CONTENTS.  XIX 

Page. 

To  the  President  of  Congress.     Philadelphia,  July 
30th,  1779,  -    340 

Transmitting  papers  relative  to  M.  Holker. 
Resolves   of  Congress.      In   Congress,   July  30th, 
1779,       -  -     -    341 

Resolves,   assuring   the    protection   of    the    United 
States  to  the   officers  of  his  Most  Christian   Maj 
esty,  approving  the  conduct  of  M.  Holker,  &c. 
The  President  of  Pennsylvania  to  M.   Gerard.     In 
Council,   Philadelphia,  July  31st,  1779,  -    342 

Expressing  regret  that  any  disagreeable  discussions 
should  have  taken  place,  and  informing  him  that 
the  flour  is  now  at  the  disposition  of  M.  Holker. 
To   the  President  of  Congress.     Philadelphia,  Au 
gust  5th,  1779,       -  -    344 
Acknowledging  the  reception  of  certain  resolutions 
of  Congress. 

To   the  President  of  Congress.     Philadelphia,  Au 
gust  5th,  1779,       -  -    345 

Expressing  his  satisfaction  with  the  resolutions  of 
Congiess  on  the  affair  of  M.  Holker,  and  request 
ing  that  no  prosecutions  may  be  commenced 
against  the  offenders. 

To  the  President  of  Congress.     Philadelphia,  Au 
gust  llth,  1779,    -  -    346 

Failure  of  the  attempt  to  procure  military  stores  at 
Martinique. 

The  Marquis  de  Bouille  to  M.  Gerard.    Martinique, 
July  llth,  1779,  -    347 

Unable  to  furnish  any  supplies  for  the  United  States. 

Resolution    of    Congress.       In    Congress,  August 
23d,  1779,  -    343 

Resolution,  appointing  a  committee  to  offer  con 
gratulations  on  the  birth-day  of  his  Most  Christian 
Majesty. 

M.  Gerard  to  the  Committee  of  Congress.      Phila 
delphia,  August  23d,  1779,      -  -    348 

Acknowledging  the  reception  of  the  foregoing  reso 
lution. 

The  Count  de  Vergennes  to  M.  Gerard,        -         -    349 

Spain  joins  the  alliance.— The  English  Court  will 
attempt  to  separate  America  from  the  alliance  by 
advantageous  offers. 

To  the  President  of  Congress.     Philadelphia,  Sep- 
tember  15th,  1779,  -    350 

Appointment  of  Mr  Wilson  Attorney  General  for 
France  in  the  United  States. 


CONTENTS. 


To  the  President  of  Congress.     Philadelphia,  Sep-    ***' 
tember  15th,  1779,  .         .    359 

Requesting  an  audience  of  leave, 

M.  Gerard's  Speech  on  taking  leave  of  Congress,        351 
Reply  of  the  President  of  Congress  to  M.  Gerard's 

Speech  on  his  taking  leave,  -         _    352 

Congress  to  the  King  of  France,  -  354 

Expressing  their  approbation  of  M.  Gerard's  conduct 
and  character. 

Proceedings  of  Congress.     In  Congress,  Septem 
ber  25th,  1779,     -  -         .         _         . 

Draft  of  a  letter  to  M.  Gerard,  reported  by  a  com 
mittee,  expressing  the  inviolable  attachment  of  the 
United  States  to  their  allies.  —  Letter  as  adopted  by 
Congress. 


CAESAR  ANNE  DE  LA  LUZERNE'S  CORRES 
PONDENCE. 

Substance  of  a  Conference  between  M.  de  la  Lu- 
zerne  and  General  Washington  at  Head  Quarters, 
West  Point.  September  16th,  1779,  -  -  361 

Relative  to  a  co-operation  with  a  proposed  expe 
dition  of  Count  d'Estaing  to  the  American  coasts 
and  also  with  the  Spanish  expedition  against  the 
Flondas.— Project  of  an  invasion  of  Canada  and 
Nova  Scotia. 

Reception  of  the  French  Minister  by  Congress.  In 
Congress,  November  17th,  1779,  -  _  367 

Containing  his  letter  of  credence,  his  speech  to  Con 
gress,  and  their  answer. 

Don  Juan  Miralles  to  M.  de  la  Luzerne.  Phila 
delphia,  November  25th,  1779,  -  .  373 

Desiring  the  co-operation  of  the  United  States  with 
the  Spanish  forces  in  the  Floridas,  and  against  the 
English  possessions  northeast  of  Louisiana. Re 
quests  to  be'  informed  what  kind  of  supplies  may 
be  expected  from  the  States. 

To  the  President  of  Congress.  Philadelphia,  No 
vember  26th,  1779,  .  _ 

Communicating  the  foregoing  letter. 

To  the  President  of  Congress.  Philadelphia,  De 
cember  6th,  1779,  _  377 

Requesting  instructions  as  to  the  disposition  of  cer 
tain  property  captured  by  American  seamen. 


CONTENTS.  XXI 

Page. 

The  President  of  Congress  to  M.  de  la  Luzerne. 
In  Congress,  December  16th,  1779,  -  378 

Plan   of    co-operation  with   the    Spanish   forces   in 

Florida. 

M.  Holker  to  M.  de  la  Luzerne.  Philadelphia, 
January  10th,  1780,  -  380 

Representing  the  injurious  effects  of  a  law  of  Mary 
land  on  his  measures  for  supplying  the  French 
forces. 

William  Smith  to  M.  Holker.  Baltimore,  January 
7th,  1780,  -  -  382 

The  supplies  intended  for  the  French  forces  will  be 
seized  by  the  American  Commissioners. 

The  President  of  the  Council  of  Maryland  to  Wil 
liam  Smith.  In  Council,  Annapolis,  January  6th, 
1780,  -  383 

The  supplies  purchased  for  the  French  fleet  cannot 
be  exempted  from  seizure  for  the  American  army. 

To  the  President  of  Congress.  Philadelphia,  Janu 
ary  10th,  1780,  -  •  384 

Urging  the  adoption  of  measures  for  securing  the 
supplies  raised  for  the  French  forces  from  liability 
to  seizure. 

To  George  Washington.  Philadelphia,  January 
23d,  1780,  -  386 

The  English  government  are  unable  to  raise  sol 
diers,  and  intend  to  obtain  them  by  an  exchange 
of  prisoners  in  America. — In  case  of  exchange, 
advantage  may  be  taken  to  obtain  a  virtual  ac 
knowledgment  of  independence. 

Extract  of  a  Memorial  communicated  by  the  Am 
bassador  of  England  to  the  Court  of  Madrid,  on 
the  28th  of  March,  1779,  -  389 

Ultimatum  proposed  by  the  Court  of  Madrid  to  the 
Courts  of  France  and  England,  dated  3d  of 
April,  1779,  -  390 

Extract  from  the  Exposition  of  the  Motives  of  the 
Court  of  Spain  relative  to  England,  -  392 

To  the  President  of  Congress.    Philadelphia,  Janu 
ary  24th,  1780,      -  -    393 
Announcing  the  appointment  of  a  French  Consul  for 
North  Carolina. 

To  the  President  of  Congress.  Philadelphia,  Janu 
ary  25th,  1780,  -  •  394 

Preparations  for  another  campaign  by  the  European 
VOL.    X.  D 


XXII  CONTENTS. 

Page. 

belligerents. — Necessity  of  similar  preparations  on 
the  part  of  America. — Desires  to  concert  a  plan  of 
common  operations. 

Report  of  a  Committee  on  the  Communications  of 
the  French  .Minister.  In  Congress,  January 
28th,  1780,  -  395  ' 

The  French  Minister  informs  Congress,  that  great 
exertions  are  making  in  Europe  by  England,  to 
persuade  the  other  powers  that  America  may  be  de 
tached  from  France  ;  that  her  negotiations  may 
result  in  an  armed  mediation,  to  which  it  would  be 
necessary  to  submit;  that  in  this  case,  it  would  be 
probably  necessary  to  leave  Great  Britain  what 
ever  territories  in  America  were  actually  in  her 
hand  ;  he,  therefore,  urges  the  necessity  of  pushing 
the  approaching  campaign  with  vigor. 

Answer  of  Congress  to  the  Communications  of  the 
French  Minister.  In  Congress,  January  31st, 
1780,  -  399 

Forces  and  plans  of  Congress  for  the  approaching 
campaign. — The  general  disposition  in  the  United 
States  is  to  adhere  to  the  alliance. 

Communications  of  the  French  Minister  to  a  Com 
mittee  of  Congress  at  a  second  Conference.  In 
Congress,  February  2d,  1*780,  -  402 

Communicating  the  views  of  the  Spanish  Court  on 
the  Western  boundary,  the  exclusive  navigation  of 
the  Mississippi,  the  possession  of  the  Floridas,  and 
the  lands  on  the  left  bank  ot  the  Mississippi. 

George   Washington  to  M.  de  la   Luzerne.      Head 
Quarters,  Morristown,  February  4th,  1780,          -    404 
The  small  number  of  British  prisoners  will,  probably, 
prevent  any  important  concessions  for  the  sake  of 
effecting  an  exchange. 

George  Washington  to  M.  de  la  Luzerne.  Head 
Quarters,  Morristown,  February  15th,  1780,  406 

Declines  granting  a  detachment  requested  of  him, 
on  account  of  the  feebleness  of  his  forces  — A  cov 
ering  party,  if  necessary,  may  be  furnished  by  the 
militia. 

To  the  President  of  Congress.  Philadelphia, 
March  8th,  1780,  .  408 

M.  Gerard  obtains  facilities   for  fitting  out  the  Con 
federation  in  Martinique,  but  has  no  materials  for 
masts. 
The  King  of  France  to  Congress,  •    409 

Communicating  an  additional  grant  of  aid. 


CONTENTS.  XI111 

Page. 

George  Washington  to  M.  do  la  Luzerne.  Mor- 
ristown,  May  5th,  1780,  -  410 

Expressing  his  esteem  for  M.  de  la  Luzerne,  and  his 
satisfaction  with  his  approbation  of  the  state  of  the 
army. 

George  Washington  to  M.  do  la  Luzerne.  Mor- 
ristown,  May  llth,  1780,  -  4J 1 

Expresses  his  pleasure  at  the  arrival  of  M.  de  La 
fayette. 

George  Washington  to  M.  de  la  Luzerne.  Head 
Quarters,  Morristown,  May  14th,  1780,  -  -  412 

French  fleet  in  the  West  Indies. 

To  the  President  of  Congress.  Philadelphia,  May 
16th,  1780,  -  412 

His  Majesty  intends  to  send  out  a  reinforcement. — 
Desires  the  concurrence  of  Congress  in  combining 
a  plan  of  operations.— Requests  information  as  to 
the  forces,  resources,  and  posts  of  the  enemy. — 
Additional  supplies  obtained  by  Dr  Franklin. — 
Favorable  situation  of  affairs. 

To  George  Washington.  Philadelphia,  May  21st, 
1780,  -  415 

Operations  of  the  approaching  campaign. 

Report  of  a  Committee  of  Congress  on  a  Confer 
ence  with  the  French  Minister.  In  Congress, 
May  24th,  1780,  .  416 

Plan  for  raising  supplies. — Propose  the  establish 
ment  of  posts  from  Boston  to  Charleston  to  facili 
tate  communication. — Recommend  the  prepara 
tion  of  a  reinforcement  to  the  French  fleet,  and 
the  adoption  of  measures  to  prevent  desertions 
from  the  same. 

George   Washington   to  M.  de,,la  Luzerne.      Mor 
ristown,  June  5th,  1780,  •    419 
The  French  troops  will  be  cordially  received. — De 
sires  to  maintain  a  correspondence  with  him. 

Report  of  a  Committee  of  Congress  respecting 
Communications  from  the  French  Minister.  In 
Congress,  June  5th,  1780,  -  -  420 

Raising  of  supplies  for  the  French  troops. — Mode  of 
paying  them. 

Report  of  a  Committee  of  Congress  respecting  a 
Conference  with  the  French  Minister.  In  Con 
gress,  June  7th,  1780,  -  423 

Raising  of  supplies  for  the  French  forces. 


XXIV  CONTENTS. 

Page 

To  the  President  of  Congress.     Philadelphia,  June 
18th,  1780,  -    425 

Urging  the  completion  of  the  American  army. — 
Forces  necessary  for  an  effective  co-operation. 

To  the  President  of  Congress.     Philadelphia,  June 
28th,  1780,  -    427 

Desiring  permission  for  the  supplying  of  the  Span 
ish  forces  with  provisions. 

Congress  to  the  Minister  of  France.     In  Congress, 
July  7th,  1780,        -  428 

Supplies  for  the  Spanish  forces. 

To  the  President  of  Congress.     Philadelphia,  July 
22d,  1780,  -    429 

Arrival  of  part  of  the  French  forces  destined  to  act 
in  America. — The  other  part  separated  for  security. 
To  the  President  of  Congress.     Philadelphia,  July 
25th,  1780,  -    430 

Requesting-  that  the  American  vessels  of  war  may 
join  the  French  squadron. 

Joseph  Reed   to  M.  de  la  Luzerne.      In   Council, 
Philadelphia,  July  25th,  1780,  -    431 

The  Hessian  deserters  are  at  liberty  to  enter  the 
French  service,  if  desired. 

To  the  President  of  Congress.     Philadelphia,  July 
26th,  1780,  -    432 

Desiring  arrangements  to  be  made  for  the.  subsist 
ence  of  the  Hessian  recruits. 

George  Washington  to  M.  de   la  Luzerne.     Head 
Quarters,  July  27th,  1780,       -  -433 

Plan  of  a  junction  of  the  French  fleets. — Rumored 
project  of  an  attack  on  the  French  forces  by  Gen 
eral  Clinton. 

To   George  Washington.     Philadelphia,  July  30th, 
1780,  -    434 

Relative  to  certain  proposed  naval  operations. 

George  Washington  to  M.  de  la  Luzerne.     Peeks- 
kill,  August  4th,  1780,  -    434 

Project  of  junction  of  the  two  divisions  of  the  French 
forces. 

George  Washington  to  M.  de  la  Luzerne.     Peeks- 
kill,  August  6th,  1780,  -    436 

Relative  to  the  employment  of  American  frigates 
to  aid  in  the  junction  of  the  French  forces. 

To  the  President  of  Congress.     Philadelphia,  Au 
gust  15th,  1780,  -    437 

Readiness  of  the  French   government  to  co-operate 


CONTENTS.  XXV 


with  the  American   forces    against  the   common 
enemy. 

To  the  President  of  Congress.  Philadelphia,  Au 
gust  15th.  1780,  -  438 

Case  of  a  citizen  of  Bermuda. 

To  the  President  of  Congress.  Philadelphia,  Sep 
tember  1st,  1780,  -  439 

Improbable  that  certain  bills  of  exchange  drawn  on 
Dr  Franklin  will  be  accepted. 

George  Washington  to  M.  de  la  Luzerne.  Head 
Quarters,  Bergen  County,  September  12th, 
1780,  -  440 

Projected  naval  operations. 

To  the  President  of  Congress.  Philadelphia,  Sep 
tember  15th,  1780,  -  441 

Desires  the  publication  of  the  treaty  for  the  purpose 
of  settling  difficulties  arising  as  to  the  llth  and 
12th  Articles. 

To  the  President  of  Congress.  Philadelphia,  Sep 
tember  16th,  1780,  -  442 

Announcing  the   appointment  of  M.  de  Marbois  as 

Charge  d'affaires  during  his  absence. 
M.  de  Marbois  to  the  President  of  Congress.    Phil 
adelphia,  October  8th,  1780,  -    443 

Acknowledging  the  reception  of  certain  resolutions 
of  Congress. 

M.  de  Marbois  to  the  President  of  Congress.  Phil 
adelphia,  October  27th,  1780,  -  443 

Requesting  a  convoy  for  store  ships. 

To  the  President  of  Congress.  Philadelphia,  No 
vember  1st,  1780,  444 

Suggesting  changes  in  the  mode  of  authenticating 
snips'  papers. 

From  Congress  to  the  King  of  France,  -    445 

Unprosperous  state  of  things. — Retrospect  of  events. 
— Praying  for  assistance  in  raising  a  loan. 

To  George  Washington.  Philadelphia,  December 
5th,  1780,  -  449 

Expected  arrival  of  clothing  for  the  army. — Spanish 
operations. 

George  Washington  to  M.  de  la  Luzerne.  New 
Windsor,  December  14th,  1780,  -  -  451 

Forwards  his  despatches  for  Rhode  Island. 

To  the  President  of  Congress.  Philadelphia,  Janu 
ary  15th,  1781,  -  •  452 

American  prizes  carried  into  French  ports  will  be 
judged  in  the  same  manner  as  those  of  subjects. 


XXVI  CONTENTS. 

Page 

To  the  President  of  Congress.     Philadelphia,  Feb 
ruary  25th,  1781,  -    452 

Arrival  of  a  French  squadron  in  the  Chesapeake. 

To  the  President  of  Congress.     Philadelphia,  Feb 
ruary  28th,  1781,  -    453 

Authorises  Mr  Morris  to  draw  bills  of  exchange. 

To  the  President  of  Congress.    Philadelphia,  March 
2d,  178],     -  -    454 

The  French  squadron  sails  from  the  Chesapeake. 

M.  Destoaches  to  M.  de   la   Luzerne.     On  Board 
the  Due  de  Bourgogne,  March  19th,  1781,         -    455 

Engagement  between  a  French  and  English  squadron. 

To  the  President  of  Congress.    Philadelphia,  March 
•24th,  1781,  -    457 

Supplies  granted  by  France. — Proposes  Congress 
should  furnish  the  French  forces  with  provisions, 
receiving  in  payment  bills  on  the  Treasury  of 
France. 

To  George  Washington.    Philadelphia,  March  27th, 
1781,  -    460 

Failure  of  the  expedition  of  M.  Destouches. 

George   Washington  to   M.  de  la  Luzerne.     Head 
Quarters,  New  Windsor,  March  31st,  1781,  461 

Return  of  M.  Destouches  to  Newport. — Good  con 
duct  of  the  expedition. 

To   George  Washington.      Philadelphia,   May  7th, 
1781,  "  •    462 

Forwarding  proposals  of  an  expedition  to  M.  Des 
touches. 

To  M.  Destouches.     Philadelphia,  May  7th,  1781,    463 

Dangerous  situation  of  Virginia  and  Maryland. — 
Proposes  an  expedition  into  the  Chesapeake  for 
their  relief. 

To  the  President  of  Congress.      Philadelphia,  May 
9th,  1781,  -    465 

Abuse  of  intercepted  ships'  papers  by  the  English. — 

Proposes  the  adoption  of  rneasures  of  prevention. 
To  the  President  of  Congress.     Philadelphia   May 
22d,  1781,  -    466 

Transmitting  the  King's  letter. 

The  King  of  France  to  Congress,  •    466 

Granting  further  assistance. 

George  Washington  to  M.  de  la  Luzerne.     Weath- 
ersfield,  May  23d,  1781,  -    467 

Intended  attack  on  New  York. — Urges  the  presence 
of  the  French  West  India  fleet  in  the  American 


CONTENTS.  XXV11 

Page. 

To  the  President  of  Congress.     Philadelphia,  May 
25th,  1781,  -    469 

The  expected  reinforcements  of  the  French  forces 
have  not  been  despatched. — Pecuniary  grant  of  the 
French  government. 

To  the  President  of  Congress.     Philadelphia,  May 
26th,  1781,  -    472 

Offered  mediation  of  Austria  and  Russia  between 
the  belligerents. — France  declines  accepting  the 
offer  without  the  consent  of  the  United  States. — 
Urges  the  appointment  of  Plenipotentiaries  to  take 
part  in  the  proposed  negotiations. 

Report  of  a   Conference  with  the  French  Minister. 
In  Congress,  May  28th,  1781,  -    475 

The  French  Ministry  considers  the  mission  of  Mr 
Dana  to  St  Petersburg  premature. — Desires  that 
Mr  Adams  may  be  restricted  by  instructions. — 
English  agent  at  Madrid. — Spain  and  France  de 
cline'  the  mediation,  but  will  accept  it  finally. — De- 
sices  to  know  the  sentiments  of  America. — Advises 
moderation  in  the  demands  of  the  United  States. 

Congress  to  the  King  of  France,  -    483 

Returning  thanks  for  supplies. — Their  opinion  as  to 
the  mediation  will  be  communicated  through  their 
Minister. 

To   George  Washington.     Philadelphia,   June    1st, 
1781,  -    484 

Regrets  the  delay  of  the  reinforcements  from 
France. — Promises  to  propose  his  plan  of  opera 
tions  to  the  Count  de  Grasse. 

George   Washington   to  M.  de  la  Luzerne.     Head 
Quarters,  New  Windsor,  June  13th,  1781,          -    486 

Desires  that  a  body  of  land  forces  may  accompany 
the  Count  de  Grasse's  squadron. 

Report  of  a  Conference  with  the  French  Minister. 
In  Congress,  June  18th,  1781,  -    487 

Communications  of  the  Minister  relative  to  losses  of  -X. 
French  subjects  in  America. — Proceedings  of  the 
armed  neutrality. — Violation  of  its  principles  by 
American  privateers. — Mr  Cumberland's  negotia 
tions  in  Spain. — Supplies.— Mediation  of  the  Im 
perial  powers. — Situation  of  affairs  in  Europe 
obliges  France  to  maintain  a  considerable  force. — 
State  of  affairs  in  Holland. — Amount  of  the  pecu 
niary  aid  granted  by  France. 

To  the  President  of  Congress.     Philadelphia,  July 
1st,  1781,     -  493 

Leaves  M.  de  Marbois  Chargi  d  Affaires  during  hi« 
visit  to  the  American  army. 


XXV111  CONTENTS. 

Page. 

M.  de  Marbois  to  the  President  of  Congress,     Phil 
adelphia,  July  9th,  1781,  -    494 

The  French  naval  commander  desires  permission  to 
recruit  his  forces  by  the  impressment  of  French 
seamen. 

M .  de  Marbois  to  the  Secretary  of  Congress.    Phil 
adelphia,  July  llth,  1781,  -    495 

On  the  appointment  of  Mr  Me  Kean  to  the  Presi 
dency. 

To  the  President  of  Congress.     Philadelphia,  July 
20th,  1781,  •    495 

Desires  to  communicate  despatches  from  his  Court 

to  Congress. 

Report   of  Communications   from  the  French  Min 
ister.     In  Congress,  July  23d,  1781,  -    496 

Causes  of  the  delay  of  the  intended  reinforcement  of 
the  French  arms  in  America. — The  relations  of 
Holland  and  England  render  a  connexion  between 
that  country  and  America  probable. 

To  the  President  of  Congress.     Philadelphia,  July 
26th,  1781,  -    498 

Communication  of  a  draft  of  a  convention  relative  to 
the  establishment  of  Consuls  by  France  and 
America. 

To  the  President  of  Congress.     Philadelphia,  Au 
gust  23d,  1781,      -  -    499 

Desires  the  recognition  of  the  French  Consul  for 
New  England,  regularly  appointed. 

To  the  President  of  Congress.     Philadelphia,  Sep 
tember  6th,  1781,  -    500 

Desires  the  passing  of  acts  authorising  the  French 
Consul  for  New  England  to  exercise  his  official 
functions. 


THE 


CORRESPONDENCE 


OF 


GEN.  LAFAYETTE; 

ON  THE   FOREIGN  AFFAIRS   OF  THE  UNITED  STATES. 


VOL.   x. 


Although  the  services  of  GENERAL  LAFAYETTE  to  the 
United  States  were  rendered  chiefly  in  the  military  line, 
yet  he  contributed  very  essentially  by  his  efforts,  and  the 
weight  of  his  personal  character,  to  promote  the  interests 
of  our  foreign  relations.  When  he  left  the  United  States 
at  the  close  of  the  year  1781,  Congress  instructed  the 
American  Ministers  abroad  to  consult  him  on  the  public 
affairs  of  the  United  States.  His  correspondence  with 
Congress,  now  to  be  published,  will  show  how  effectually 
he  executed  his  trust  in  this  respect,  and  how  deeply  and 
constantly  he  watched  over  the  interests  of  his  adopted 
country,  long  after  his  return  to  Europe.  These  letters 
are  a  testimony  not  more  of  his  patriotism,  love  of  liberty, 
the  warmth  of  his  affections,  and  the  fulness  of  his  grati 
tude,  than  of  his  close  observation,  correct  opinions,  and 
enlarged  views  on  political  affairs. 


tHK 


CORRESPONDENCE 


GENERAL    LAFAYETTE 


RESOLVE  OF  CONGRESS  RESPECTING  GENERAL  LA 
FAYETTE. 

In  Congress,  November  23d,  1781. 

On  the  report  of  a  Committee,  consisting  of  Mr  Carroll, 
Mr  Madison,  and  Mr  Cornell,  to  whom  was  referred  a 
letter  of  the  22d,  from  Major-General  the  Marquis  de  La 
fayette, 

Resolved,  That  Major-General  the  Marquis  de  La 
fayette,  have  permission  to  go  to  France  ;  and  that  he  re 
turn  at  such  time  as  shall  be  most  convenient  to  him. 

That  he  be  informed,  that  on  a  review  of  his  conduct 
throughout  the  past  campaign,  and  particularly  during  the 
period  in  which  he  had  the  chief  command  in  Virginia,  the 
many  new  proofs,  which  present  themselves  of  his  zealous 
attachment  to  the  cause  he  has  espoused,  and  of  his  judg 
ment,  vigilance,  gallantry,  and  address  in  its  defence,  have 
greatly  added  to  the  high  opinion  entertained  by  Congress 
of  his  merits  and  military  talents. 


6  LAFAYETTE. 

That  lie  make  known  to  the  officers  and  troops  whom 
he  commanded  during  that  period,  that  the  brave  and 
enterprising  services  with  which  they  seconded  his 
zeal  and  efforts,  and  which  enabled  him  to  defeat  the  at 
tempts  of  an  enemy  far  superior  in  numbers,  have  been 
beheld  by  Congress  with  particular  satisfaction  and  appro 
bation. 

That  the  Secretary  of  Foreign  Affairs  acquaint  the  Min 
isters  Plenipotentiary  of  the  United  States,  that  it  is  the 
desire  of  Congress  that  they  should  confer  with  the  Mar 
quis  de  Lafayette,  and  avail  themselves  of  his  information 
relative  to  the  situation  of  public  affairs  in  the  United 
States. 

That  the  Secretary  of  Foreign  Affairs  further  acquaint 
the  Minister  Plenipotentiary  at  the  Court  of  Versailles, 
that  he  will  conform  to  the  intention  of  Congress  by  con 
sulting  with,  and  employing  the  assistance  of  the  Marquis 
de  Lafayette,  in  accelerating  the  supplies,  which  may  be 
afforded  by  his  Most  Christian  Majesty  for  the  use  of  the 
United  States. 

That  the  Superintendent  of  Finance,  the  Secretary  for 
Foreign  Affairs,  and  the  Board  of  War,  make  such  com 
munication  to  the  Marquis  de  Lafayette,  touching  the 
affairs  of  their  respective  departments,  as  will  best  enable 
him  to  fulfil  the  purpose  of  the  two  resolutions  immediately 
preceding. 

That  the  Superintendent  of  Finance  take  order  for 
discharging  the  engagement  entered  into  by  the  Marquis 
de  Lafayette  with  the  merchants  of  Baltimore  referred  to 
in  the  act  of  the  24th  of  May  last. 

That  the  Superintendent  of  Finance  furnish  the  Mar 
quis  de  Lafayette  with  a  proper  conveyance  to  France. 


DIPLOMATIC  CORRESPONDENCE.  7 

That  the  Secretary  of  Foreign  Affairs  report  a  letter 
to  his  Most  Christian  Majesty,  to  be  sent  by  the  Marquis 
de  Lafayette.* 

TO    ROBERT    11.    LIVINGSTON. 

Antony,  near  Paris,  March  30th,  1782. 
Dear  Sir, 

I  have  been  honored  with  your  letter  by  the  Hermione, 
and  have  made  the  best  use  I  could  of  the  intelligence  you 
were  pleased  to  communicate.  The  sailing  of  the  Alliance 
was  unexpected,  and  I  could  not  improve  that  opportunity. 
This  letter  will  be  carried  by  a  vessel  that  is  immediately 
despatched.  I  shall  soon  have  an  opportunity  to  write  by 
a  frigate.  Dr  Franklin,  whom  I  have  acquainted  with  the 
departure  of  this  vessel,  has  no  doubt  communicated  very 
important  intelligence.  Mahon  has  been  taken  rather 
sooner  than  was  expected  ;  the  siege  of  Gibraltar  is  going 
on,  and  some  do  not  consider  it  impossible  that  it  should 
fall  into  the  hands  of  the  Spaniards.  The  taking  of  St 
Kilts  was  felt  in  England  ;  the  more  so,  as  Sir  Samuel 
Hood  had  given  great  expectations  of  preserving  the  Island. 

There  is  a  great  deal  of  confusion  in  England,  which 
their  late  resolutions  clearly  prove  ;  many  think  the  loss  of 
the  majority  is  K  finesse,  of  Lord  North  ;  but  from  later  ad- 

"  Extract  of  a  letter  from  Congress  to  the  King  of  France,  dated 
November  20th.  1781. 

"Major-General  the  Marquis  de  Lafayette,  has  in  this  campaign  so 
greatly  added  to  the  reputation  he  had  before  acquired,  that  we  are 
desirous  to  obtain  for  him,  on  our  behalf  even,  notice,  in  addition  to 
that  favorable  reception,  which  his  merits  cannot  fail  to  meet  with 
from  a  generous  and  enlightened  Sovereign  ;  and,  in  that  view,  we 
have  directed  our  Minister  Plenipotentiary  to  present  the  Marquis  to 
your  Majesty." 


8  LAFAYETTE. 

vices  it  appears  there  will  be  a  change  of  Ministers.  The 
opposition  members  do  not  agree  together,  and  none  of 
them  are  true  friends  to  America  ;  none  of  them  are  wish 
ing  for  independence  ;  they  want  to  make  the  best  bargain 
they  can,  either  with  France,  at  the  expense  of  America, 
or  by  satisfying  America  at  the  cheapest  rate.  By  Mr 
Adams's  letters  1  find  Holland  is  about  acknowledging 
American  independence,  as  far  as  it  will  neither  cost  them 
blood  nor  money ;  but  at  this  period  I  think  it  important  to 
obtain  such  a  political  advantage. 

I  beg  you  will  please  to  communicate  the  contents  of  my 
letter  to  Congress  ;  as  I  do  not  enter  into  any  particulars 
with  the  President.  Accept  the  assurance  of  the  high 
esteem  and  most  affectionate  sentiments  with  which  I 

am,  &c. 

LAFAYETTE. 

P.  S.  Since  writing  the  above,  we  have  just  got  cer 
tain  intelligence  that  Lord  North  has  left  his  place.  It  is 
generally  believed  he  will  be  replaced  by  Lord  Rocking- 
ham. 


TO    ROBERT    R.    LIVINGSTON. 

St  Germain,  June  25th,  1782. 

Dear  Sir, 

It  is  needless  for  rne  to  enter  into  such  details  as  will  of 
course  be  communicated  to  Congress  by  the  Minister. 
Dr  Franklin  will  doubtless  be  very  particular.  But  as 
Congress  have  been  pleased  to  order  that  I  should  give 
my  opinion,  I  now  have  the  honor  to  tell  you  what  I  think 
upon  the  several  transactions  that  have  lately  taken  place. 

Before  the  change  of  Ministry,  the  old  Administration 


DIPLOMATIC    CORRESPONDENCE.  9 

had  sent  people  to  feel  the  pulse  of  the  French  Court  and 
of  the  American  Ministers.  They  had  reasons  to  be  con 
vinced  that  neither  of  the  two  could  he  deceived  into  sep 
arate  arrangements,  that  would  break  the  union  and  make 
both  their  enemies  weaker.  In  the  meanwhile,  a  cabal 
was  going  on  against  the  old  Ministry.  New  appointments 
took  place,  and  it  is  not  known  how  far  Lord  North  would 
have  gone  towards  a  general  negotiation. 

It  had  ever  been  the  plan  of  the  opposition  to  become 
masters  of  the  Cabinet.  But  while  every  one  of  them 
united  against  the  Ministry,  they  committed  this  strange 
blunder,  never  to  think  what  would  become  of  them  after 
their  views  had  been  fulfilled.  They  even  made  Ministers, 
and  upon  the  same  day  they  did  not  know  how  to  divide 
the  prey ;  upon  the  second  they  perceived  that  they  had 
different  interests  and  different  principles  to  support ;  upon 
the  third  they  were  intriguing  against  each  other.  And 
now  the  British  Ministry  are  so  much  divided,  that  nothing 
but  their  disputes  can  account  for  their  indecision  in  public 
affairs. 

The  Marquis  ol  Rockingham  has  nothing  o!  a  Minister, 
but  the  parade  of  levees,  and  a  busy  appearance.  He  is 
led  by  Mr  Burke.  He  is  also  upon  the  best  terms  with 
Charles  Fox.  The  principles  of  the  latter  everybody 
knows.  That  party  it  appears  is  on  one  side  oi  the  Ad 
ministration. 

The  Duke  ol  G  rat  ton  and  Lord  Cnmden  think  ii  their 
interest  to  support  Lord  Shelburne,  whom,  however,  the}' 
inwardly  dislike.  The  Enrl  of  Shelburne  seems  to  have 
by  far  the  greater  share  in  the  King's  confidence.  He  is 
intriguing,  and,  upon  a  pretence  to  follow  Lord  Chat 
ham's  opinions,  he  makes  himself  agreeable  to  the  King  by 
vor,.  x.  2 


10  LAFAYETTE. 

opposing  American  independence.  He  is,  they  say,  a 
faithless  man,  wishing  for  a  continuation  of  the  war,  by 
which  he  hopes  to  raise  his  own  importance ;  and,  should 
the  Rockingham  party  fall,  should  Lord  Shelburno  he 
found  to  divide  power  with  another  party,  he  is  not  far,  it 
is  said,  from  uniting  with  Lord  North  and  many  others  in 
the  old  Administration. 

The  King  stands  alone,  hating  every  one  of  his  Minis 
ters,  grieving  at  eVery  measure  that  combats  his  disposi 
tions,  and  wishing  for  the  moment  when  the  present  Minis 
try,  having  lost  their  popularity,  will  give  way  to  those 
whom  he  has  been  obliged  to  abandon  for  a  time. 

Such  is  the  position  in  which  they  stand,  and  I  am  going 
to  relate  the  measures  they  have  taken  towards  negotiation. 

It  appears  Lord  Shelburne,  on  the  one  hand,  and  Charles 
Fox  on  the  other,  went  upon  the  plan  which  Lord  North 
had  adopted,  to  make  some  private  advances,  but  they 
neither  communicated  their  measures  to  each  other,  nor 
said  at  first  anything  of  it  in  the  Cabinet.  Count  de  Ver- 
gennes  said  that  France  could  never  think  to  enter  into  a 
treaty,  but  in  concurrence  with  her  allies,  and  upon  being 
told  that  America  herself  did  not  so  much  insist  upon  ask 
ing  for  independence,  he  answered,  "people  need  not  ask 
for  what  they  have  got."  Mr  Adams  in  Holland,  and  Dr 
Franklin  in  Paris,  made  such  answers  as  were  consistent 
with  the  dignity  of  the  United  States.  But  they  as  well  as 
Count  de  Vergennes,  expressed  a  sincere  desire  for  peace, 
upon  liberal  and  generous  terms. 

From  the  very  beginning  Mr  Adams  has  been  persuaded, 
that  the  British  Ministry  were  not  sincere — that  the  greater 
part  of  them  were  equally  against  America  as  any  in  the 
old  Administration,  and  that  all  those  negotiations  were  not 


CORRESPONDENCE. 


much  to  be  depended  upon.  His  judgment  of  this  affair 
has  been  confirmed  by  the  events  ;  though  at  present  the 
negotiation  has  put  on  a  better  outward  appearance. 

Dr  Franklin's  pen  is  better  able  than  mine  can  be,  to 
give  you  all  the  particulars  through  which  Mr  Grenville,  a 
young  man  of  some  rank,  is  now  remaining  in  Paris,  with 
powers  to  treat  with  his  Most  Christian  Majesty,  and  all 
other  Princes  or  States  now  at  war  with  Great  Britain. 

I  shall  only  remark,  that  in  late  conversations  with  Count 
de  Vergennes,  Mr  Grenville  has  considered  the  acknowl 
edgment  of  independence  as  a  matter  not  to  be  made  a 
question  of,  but  to  be  at  once  and  previously  declared. 
But  upon  Count  de  Vergennes's  writing  down  Mr  Gren- 
ville's  words  to  have  them  signed  by  him,  the  gentleman, 
instead  of  this  expression,  "the  King  of  England  has  re 
solved  at  once  to  acknowledge,"  &,c.,  insisted  to  have  the 
words  is  disposed  made  use  of  in  what  he  intended  to  be 
considered  as  his  official  communication.  He  has  also 
evinced  a  backwardness  in  giving  Dr  Franklin  a  copy  of 
his  powers  ;  and  their  Ministry  are  so  backward  also  in 
bringing  before  Parliament  a  bill  respecting  American  inde 
pendence,  that  it  does  not  show  a  great  disposition  towards 
a  peace,  the  preliminaries  of  which  must  be  an  acknowl 
edgment  of  America  as  a  separate  and  independent 
nation. 

It  is  probable  that  within  these  two  days,  Dr  Franklin 
had  some  communication  with  Mr  Grenville,  which  may 
throw  some  light  upon  the  late  points  I  have  just  now  men 
tioned. 

Mr  Jay  is  arrived  from  Madrid.  Mr  Laurens,  it  seems, 
intends  to  return  home.  Mr  Adams's  presence  in  Holland 
is  for  the  moment  necessary.  A  few  davs  will  make  us 


12  LAFAYETTE. 

better  acquainted  with  the  views  of  Great  Britain  ;  and 
since  the  Ministers  from  Congress  have  thought  that  I 
ought  for  the  service  of  America  to  remain  here  some  time 
longer,  I  shall,  under  their  direction  devote  myself  to  pro 
mote  the  interests  of  the  United  States.  The  footing  I  am 
upon  at  this  Court  enahles  me  sometimes  to  go  greater 
lengths  than  could  he  done  by  a  foreigner.  But  unless  an 
immediate  earnest  negotiation,  which  I  am  far  from  hoping, 
renders  my  services  very  useful,  I  will  beg  leave  to  return 
to  my  labors,  and  be  employed  in  a  shorter  way  to  ensure 
the  end  of  this  business,  than  can  be  found  in  political  dis 
sertation. 

I  have  communicated  the  opinion  of  Mr  Adams,  such  as 
I  found  it  in  his  letter.  Dr  Franklin's  ideas  will  be  pre 
sented  by  himself,  and  also  those  of  Mr  Jay,  both  of  which 
must  be  preferable  to  mine,  though  I  do  not  believe 
they  much  differ.  But  from  what  I  have  collected  by 
communications  with  your  Ministers,  with  those  of  the" 
French,  and  by  private  intelligence,  I  conclude  ; 

1st.  That  the  British  Ministry  are  at  variance  between 
themselves,  embarrassed  upon  the  conduct  they  ought  to 
hold,  and  not  firm  in  their  principles  and  their  places. 

2dly.  That  negotiations  will  go  on  shortly,  establish 
principles,  and  facilitate  a  treaty;  but  that  the  King  o( 
England  and  some  of  the  Ministers,  have  not  lost  the  idea 
of  breaking  the  union  between  France  and  the  United 
Stales. 

3dly.  That  the  situation  of  England,  want  of  men  and 
money,  and  the  efforts  France  is  about  to  make,  will  reduce 
the  former  to  a  necessity  for  making  peace  before  the  end 
of  next  spring. 

America    will   no   doubt  exert  herself,  and  send  back 


DIPLOMATIC  CORRESPONDENCE.  13 

every  emissary  to  her  Plenipotentiaries  here  ;  for  the  Min 
istry  in  England  are  now  deceiving  the  people  with  the 
hope  that  is  going  to  operate  a  reconciliation,  and 

with  many  his  of  the  same  nature. 

In  the  course  of  this  affair,  we  have  been  perfectly  sat 
isfied  with  the  French  Ministry.  They  have  proved  can 
did  and  moderate.  Mr  Jay  will  write  about  Spain.  Very 
little  is  to  be  said  of  her,  and  by  her  very  little  is  to  be 
done.  It  appears  Holland  is  going  on  well,  and  I  believe 
Mr  Adams  is  satisfied,  except  upon  the  affair  of  money, 
which  is  the  difficult  point,  and  goes  on  very  slowly. 

By  all  I  can  see,  I  judge  that  if  America  insists  on  a 
share  in  the  fisheries,  she  will  obtain  it  by  the  general 
treaty  ;  this  point  is  too  near  my  heart  to  permit  me  not 
to  mention  it. 

The  news  of  Count  de  Grasse's  defeat  has  been  very 
much  felt  in  France,  and  the  whole  nation  was  made  truly 
unhappy  by  this  disagreeable  event.  The  general  cry 
of  the  people  was  such,  that  I  do  not  believe  any  French 
Admiral  will,  in  any  case  take  upon  himself  to  surrender 
his  own  ship.  The  people  at  large  have  perhaps  been  too 
severe,  and  government  have  not  pronounced,  as  there  is 
to  be  a  court  martial.  But  I  was  happy  to  see  a  patriotic 
spirit  diffused  through  every  individual.  The  States  of 
several  Provinces,  the  great  cities,  and  a  number  of  differ 
ent  associations  of  men,  have  offered  ships  of  the  line  to  a 
greater  number  than  have  been  lost.  In  the  meanwhile, 
government  are  using  the  greatest  activity,  and  this  has 
given  a  spur  to  the  national  exertions.  But  independent 
of  the  stroke  in  itself,  I  have  been  sighing  upon  the  ruin 
of  the  plans  I  had  proposed  towards  a  useful  co-operation 
upon  the  coasts  of  America.  My  schemes  have  been 


14  LAFAYETTE. 

made  almost  impracticable,  and  my  voyage  (the  case  of 
negotiations  excepted)  has  not  been  so  serviceable  to  the 
public,  as  I  had  good  reasons  to  expect. 

The  Spaniards  are  going  at  last  to  besiege  Gibraltar. 
Count  d'Artois,  the  King  of  France's  brother,  and  the  Due 
de  Bourbon,  a  Prince  of  the  blood,  are  just  setting  out  to 
serve  there  as  volunteers.  They  intend  to  begin  in  the  first 
days  of  September ;  so  that  we  may  expect  one  way  or 
other  to  get  rid  of  that  encumbrance,  and  let  the  siege 
succeed  or  miscarry,  we  may  expect  hereafter  to  make 
use  of  the  combined  forces  of  the  House  of  Bourbon. 

We  are  waiting  for  intelligence  from  the  East  Indies, 
where  it  appears  we  have  got  a  superiority,  and  are  en 
titled  to  expect  good  news  from  that  quarter.  The  enemy 
had  some  despatches  by  land,  but  either  our  operations 
are  of  a  later  date,  or  they  only  have  published  a  part  of 
their  intelligence. 

Paris,  June  29tk.  Dr  Franklin  and  Mr  Jay  will  ac 
quaint  you  with  Count  de  Vergeunes's  answer  to  Mr 
Grenville,  and  also  with  what  Mr  Grenville  has  said  re 
specting  the  enabling  act.  This  act  and  also  the  answer 
to  Count  de  Vergennes,  are  every  day  expected  in  Paris, 
and  the  way  in  which  both  will  be  expressed  may  give  us 
a  pretty  just  idea  upon  the  present  intentions  of  the  British 
Ministry.  The  only  thing  that  remains  for  me  to  inform 
you  of,  is,  that  under  the  pretence  of  curiosity,  admiration, 
or  private  affairs,  England  will  probably  send  emissaries 
to  America,  who  cannot  hope  to  insinuate  themselves 
under  any  other  but  n  friendly  appearance. 
With  the  greatest  regard,  &c. 

LAFAYETTE. 


DIPLOMATIC  CORRESPONDENCE.  15 

ROBERT      R.    LIVINGSTON    TO    M.    DE    LAFAYETTE. 

Philadelphia,  September  18th,  1782. 

You  should  not,  my  Dear  Sir,  have  been  thus  long  with 
out  hearing  from  me,  had  I  not  persuaded  myself,  that  I 
should  see  you  before  a  letter  could  reach  you.  I  still  en 
tertain  this  hope  from  a  passage  in  Dr  Franklin's  letter, 
but  have  been  in  this  often  disappointed  ;  I  will  not  indulge 
it  longer,  so  far  as  to  let  it  arrest  my  pen. 

The  Count  de  Segur  delivered  me  your  letters  of  April. 
I  thank  you  sincerely  for  having  made  him  the  bearer  of 
them,  since  you  know  the  eagerness  with  which  1  embrace 
your  friends,  even  without  taking  into  consideration,  that 
merit  which  makes  them  so.  The  Count  leaves  town  for 
the  army  today,  so  that  I  shall  not  have  the  full  benefit  of 
your  introduction  to  him  till  next  winter,  when  I  flatter 
myself  you  will  join  our  circle.  The  Prince  de  Broglio 
told  me  last  night,  that  he  had  a  letter  from  you  to  me. 
I  expect  to  sec  him  here  this  morning. 

I  cannot  help  remarking  the  just  estimate  you  made  of 
the  British  Ministry.  Late  events  have  fully  justified  it. 
They  are  made  up  of  heterogeneous  particles,  and,  as 
might  naturally  be  expected,  they  begin  to  fly  off  from 
each  other.  You  have  nothing  to  apprehend  from  your 
adopted  country.  We  are  immovably  fixed  in  our  de 
termination  to  adhere  to  our  allies,  in  spite  of  every  en 
deavor  to  change  our  sentiments.  I  am  sorry  that  I  have 
not  leisure  to  enlarge.  iVIy  horses  wait  to  carry  me  to 
the  banks  of  the  Hudson,  while  I  write  ;  let  me  however 
inform  you  of  the  misfortune  that  has  happened  to  Chev 
alier  de  Latouche  ;  his  frigate  being  pursued  by  the  enemy 
was  run  on  shore  in  the  Delaware,  and  is  lost.  The  gen- 


16  LAFAYETTE. 

tlemen,  his  passengers,  are  however  happily  saved,  to 
gether  with  the  money  and  papers.  Everything  else  is 
lost,  and  what  is  most  to  he  lamented,  he  himself  must 
have  fallen  into  the  hands  of  the  enemy.  The  flag  that 
went  to  inquire  his  fate  is  not  yet  returned. 

The  fleet  of  the  Marquis  cle  Vaudreuil  has  also  sustained 
a  loss  in  the  sinking  of  the  Magnifique,  in  the  harbor  of 
Boston.  Congress  have  endeavored  to  repair  this,  by  pre 
senting  the  America  to  his  Majesty. 

The  troops  from  Virginia  have  joined  those  on  the  Hud 
son.  Our  army  is  in  noble  order  at  present;  you  will  be 
charged  to  see  our  countrymen  well  dressed,  since  you 
used  to  admire  them  even  in  their  rass. 

O 

T  send  you  the  papers  for  a  month  back  ;  they  contain 
all  our  public  news,  and  some  particulars  worthy  your  at 
tention. 

I  am,  my  Dear  Sir,  &c. 

ROBERT  R.  LIVINGSTON. 


ROBERT    R.    LIVINGSTON    TO    M.    DE    LAFAYETTE. 

Philadelphia,  November  2d;  1782. 
Dear  Sir, 

The  confusion  occasioned  by  the  misfortune  of  the 
Eagle,  and  the  delay  that  the  gentlemen  who  saved  their 
baggage  experienced  in  getting  here,  prevented  my  receiv 
ing  your  favor  of  the  25th  and  29th  of  July  till  the  last  of 
September,  although  I  had  acknowledged  the  receipt  of  the 
letters,  by  the  same  conveyance,  much  earlier. 

Your  letter  contained  so  much  important  matter,  that  it 
was  laid  before  Congress,  for  knowing  it  would  be  advan 
tageous  to  you  and  place  your  assiduity  and  attention  to 


DIPLOMATIC  CORRESPONDENCE.  17 

their  interests  in  its  strongest  point  of  light.  I  choose  to 
consider  mo?t  of  yours  as  public  letters  ;  this  last  was  par 
ticularly  acceptable,  as  neither  Dr  Franklin  nor  Mr  Jay  had 
been  so  explicit,  as  we  had  reason  to  expect.  Our  system 
of  politics  has  been  so  much  the  same  for  a  long  time,  tend 
ing  only  to  one  point,  a  determination  to  support  the  war 
till  we  can  make  peace  in  conjunction  with  our  allies,  that 
the  whole  history  of  our  Cabinet  amounts  to  nothing  more 
than  a  reiteration  of  the  same  sentiments  in  different  lan 
guage  ;  and  so  plain  is  our  political  path,  so  steadily  do  we 
walk  in  it,  that  I  can  add  nothing  to  what  I  have  already 
written  you  on  that  subject. 

The  events  of  the  campaign  are  as  uninteresting  ;  the 
inactivity  and  caution  of  the  enemy  have  given  us  leisure 
to  form  the  finest  army  this  country  ever  saw,  while  they 
conspire  to  render  that  army  useless  for  the  present.  The 
troops  are  gone  into  winter  quarters ;  ours  at  Fishkill, 
West  Point,  and  its  vicinity  ;  the  French  as  far  east  as 
Hartford. 

This  day  we  are  informed  from  New  York,  that  four 
teen  sail  of  the  line,  one  of  forty  guns,  and  seven  frigates, 
sailed  from  thence  on  the  2Gth.  We  cannot  learn  that 
they  had  troops  on  board  or  under  convoy. 

The  Magnifiqne  is  lost,  I  believe  without  hope  of  re 
covery.  She  will,  however,  be  well  replaced  by  the  Ame 
rica,  which  all  accounts  concur  in  calling  a  fine  ship.  But 
unless  your  fleet  is  very  considerably  strengthened  in  those 
seas,  another  campaign  may  slip  away  as  uselessly  as  the 
last  ;  for  I  see  no  reason  to  suppose,  while  Lord  Shelburne 
is  at  the  head  of  Administration,  that  the  negotiations  for 
•  peace  will  wear  a  serious  aspect.  I  believe  with  you,  that 
his  royal  master  is  set  upon  risking  everything,  rather  than 
VOL.  x.  3 


18  LAFAYETTE. 

acknowledge  our  independence,  and  as  he  possesses  the 
art  of  seduction  in  a  very  eminent  degree,  it  will  require 
more  firmness  to  resist  his  solicitations,  than  is  generally 
found  among  courtiers.  I  am  very  much  pleased  to  hear 
that  the  siege  of  Gibraltar  is  at  last  undertaken,  with  some 
prospects  of  success.  This  1  sincerely  wish.  England 
has  found  in  that  single  fortress  a  more  powerful  ally  than 
any  other  she  could  make  in  Europe.  It  has  for  the  most 
part  employed  the  navy  of  Spain,  and  cost  them  five  ships 
of  the  line. 

You  need  feel  no  anxiety  on  the  score  of  an  apology  for 
your  absence  ;  everybody  here  attributes  it  to  its  true 
cause,  and  considers  it  as  a  new  proof  of  your  attachment 
to  the  interests  of  America. 

The  papers  I  send  with  this  will  serve  to  confirm  this 
assertion.  I  thank  you  for  the  acquaintance  of  the  Prince 
de  Broglio  and  the  Count  de  Segur ;  they  handed  me 
your  letters  the  day  I  was  unfortunately  obliged  to  leave 
town.  They  have,  however,  promised  to  be  here  this 
winter,  and  to  give  me  an  opportunity  of  consoling  myself 
for  your  absence  by  the  attention  they  will  enable  me  to 
show  to  those  you  love.  Your  brother-in-law  is  gone  I 
find  to  the  siege  of  Gibraltar.  I  beg  you  to  write  particu 
larly  to  remind  him  of  his  American  friends.  He  shall  hear 
from  me  by  the  first  opportunity  ;  in  the  meanwhile,  tell 
him  he  will  not  do  justice  to  our  expectations  if  he  neglects 
to  promote  the  great  object,  which  we  discussed  together  a 
little  before  he  left  this  country,  foreseeing  then  that  he 
would  ere  long  be  called  to  Spain.  I  ought  not  to  conclude 
this  without  informing  you,  that  the  chair  of  state  is  trans 
ferred  to  Mr  Boudinot,  Mr  Hanson's  term  having  expired. 
I  am.  my  Dear  Sir,  &ic. 

ROBERT  R.  LIVINGSTON. 


DIPLOMATIC  CORRESPONDENCE.  19 

TO    THE    PRESIDENT    OF    CONGRESS. 

Brest,  December  3d,  1782. 

Dear  Sir, 

I  have  the  honor  to  beg  the  attention  of  Congress 
upon  a  subject,  which,  though  it  appears  personal,  may 
bring  about  events  of  public  utility. 

On  a  past  voyage  I  have  had  the  happiness  to  return 
with  such  means  as  proved  useful  to  the  United  States, 
and  when  I  embarked  last,  I  had  a  leave  of  absence 
till  such  a  time  as  I  would  think  proper. 

What  has  been  done  respecting  former  demands  of 
money,  has  been  communicated  to  Congress.  As  to 
the  late  ones,  I  leave  it  to  the  Ministers  of  Congress 
to  give  an  account  of  those  transactions. 

I  have  the  heartfelt  happiness  to  think,  that  I  did 
not  leave  Versailles  until  I  had,  to  the  utmost,  exerted 
every  means  in  my  power;  and  I  wish  they  had  been 
an  aid  to  promote  every  view  of  Congress  and  every 
interest  of  the  United  States. 

The  Ministers  of  Congress  in  Europe  have  in  for 
mer  letters  acquainted  them  with  the  request  they 
made,  that  I  should  defer  my  departure  to  America. 
They  thought  I  might  serve  her  in  the  political  field, 
and  I  yielded  to  their  opinion. 

Now,  Sir,  that  I  am  going  to  embark,  I  have  done 
it  by  their  advice.  Upon  the  voyage,  the  mode  and 
the  time  of  it,  1  have  taken  their  opinion,  and  it  has 
been,  that  I  was  acting  consistent  with  the  interests  of 
America,  and  the  instructions  of  General  Washington. 
But  I  could  not  submit  to  think,  that  any  member  of 
Congress,  might,  from  public  report,  imagine  that  I 


20  LAFAYETTE. 

enlarge  so  far  their  permission,  as  to  follow  pursuits, 
that  would  not  particularly  promote  the  views  of 
America;  and  as  they  do  not  choose  being  intruded 
upon  with  minute  details  of  military  plans,  let  it  suf 
fice  to  sayy  that  I  beg  leave  to  refer  them  to  the  opin 
ion  of  General  Washington. 

With  a  heart  bound  to  America  by  every  sentiment 
of  a  grateful,  an  everlasting,  and,  I  may  add,  a  patri 
otic  love, 

I  have  the  honor  to  be,  &c. 

LAFAYETTE. 


ROBERT    K.    LIVINGSTON    TO    M.    DE    LAFAYETTE. 

Philadelphia,  January  10th,  1783. 
Dear  Sir, 

I  was  honored  by  yours  of  the  14th  of  October  last. 
It  contains  much  useful  information,  and  upon  the 
whole  exhibits  a  pleasing  picture  of  our  affairs  in  Eu 
rope.  Here  the  scene  is  more  chequered  with  good 
and  evil ;  the  last  I  think  predominates.  The  want  of 
money  has  excited  very  serious  discontents  in  the  ar 
my.  They  have  formed  committees.  A  very  respec 
table  one,  with  General  McDougal  at  their  head,  is 
now  here.  Their  demands,  though  strictly  just,  are 
such  as  Congress  have  not  the  means  of  satisfying. 
The  states  upon  whom  they  call,  complain  of  inability. 
Peace  is  wished  for  with  more  anxiety  than  it  should 
be  ;  wearied  out  with  the  length  of  the  war,  the  peo 
ple  will  reluctantly  submit  to  the  burdens  they  bore  at 
the  beginning  of  it;  in  short,  peace  becomes  necessa 
ry.  If  the  war  continues  we  shall  lean  heavier  upon 
France  than  we  have  done.  If  peace  is  made  she 


DIPLOMATIC  CORRESPONDENCE.  21 

must  add  one  obligation  more  to  those  she  has  already 
imposed.  She  must  enable  us  to  pay  oft' our  army  ;  or 
we  may  find  the  reward  of  her  exertions  and  ours  sus 
pended  longer  than  we  could  wish. 

Charleston  is  at  length  evacuated  ;  the  enemy  made 
a  convention  with  General  Greene  and  were  suffered 
to  depart  in  peace.  In  one  of  the  papers  I  send  you, 
you  will  see  the  general  orders  at  going  off. 

The  embarkation  of  your  army,  before  the  war  in 
this  country  had  closed,  gave  me  some  pain.  Their 
stay  might  have  answered  useful  political  purposes, 
had  they  been  at  hand  to  operate  against  New  York, 
which  they  will  not  otherwise  quit. 

Congress  saw  this  in  its  true  light,  but  were  too  del 
icate  to  mention  it;  I  enclose  their  resolutions  on  be 
ing  apprized  of  it.  You  speak  of  operations  in  Amer 
ica.  I  agree  with  you,  that  they  are  devoutly  to  be 
wished,  both  by  France  and  by  us;  but  if  they  are  to 
depend  upon  operations  in  the  West  Indies,  it  is  ten 
to  one  but  they  fail.  The  machine  is  too  complex. 
If  it  is  to  be  worked  in  any  part  by  Spanish  springs, 
the  chance  against  it  is  still  greater,  for  whatever  the 
latter  may  be  in  Europe,  in  the  West  Indies  they  lose 
their  elasticity. 

The  great  cause  between  Connecticut  and  Pennsyl 
vania  has  been  decided  in  favor  of  the  latter.  It  is  a 
singular  event.  There  are  few  instances  of  independ 
ent  Slates  submitting  their  cause  to  a  Court  of  Justice. 
The  day  will  come,  when  all  disputes  in  the  great  re 
public  of  Europe  will  be  tried  in  the  same  way  ;  and 
America  be  quoted  to  exemplify  the  wisdom  of  the 
measure. 


22  LAFAYETTE. 

Adieu  my  Dear  Sir,  continue  to  love  this  country  j, 
for  though  she  owes  you  much,  she  will  repay  you  all 
with  interest,  when  in  ages  to  come  she  records  you 
with  her  patriots  and  heroes. 

I  have  the  honor  to  be,  Dear  Sir,  with  the  sincerest 
esteem  and  regard,  &c. 

ROBERT  R.  LIVINGSTON. 


TO    WILLIAM  CARMICHAEL,    AT  MADRID. 

Cadiz,  January  20th,  1783. 

Dear  Sir, 

Your  letter  of  the  14th  has  this  day  come  to  hand. 
The  occasion  of  it  I  lament,  but  it  becomes  my  duty  to 
answer  it. 

From  an  early  period,  I  had  the  happiness  to  rank 
among  the  foremost  in  the  American  revolution.  In  the 
affection  and  confidence  of  the  people,  I  am  proud  to  say, 
I  have  a  great  share.  Congress  honors  me  so  far  as  to 
direct,  that  I  am  to  be  consulted  by  their  European  Minis 
ters,  which  circumstances  I  do  not  mention  out  of  vanity, 
but  only  to  show,  that  in  giving  rny  opinion,  I  am  called 
upon  by  dictates  of  honor  and  duty,  which  it  becomes  me 
to  obey. 

The  measure  being  right,  it  is  beneath  me  to  wait  for  a 
private  opportunity.  Public  concerns  have  a  great  weight 
with  me,  but  nothing  upon  earth  can  intimidate  me  into 
selfish  considerations.  To  my  opinion  you  are  entitled, 
and  I  offer  it  with  the  freedom  of  a  heart  that  ever  shall 
be  independent. 

To  France  you  owe  a  great  deal ;  to  others  you  owe 
nothing.  As  a  Frenchman,  whose  hedM  is  glowing  with 


DIPLOMATIC  CORRESPONDENCE.  23 

patriotism,  I  enjoy  the  part  France  has  acted,  and  the 
connexion  she  lias  made.  As  an  American,  I  acknowl 
edge  the  obligation,  and  in  that  I  think  true  dignity  con 
sists  ;  but  dignity  forbade  our  sending  abroad  political 
forlorn  hopes,  and  I  ever  objected  to  the  condescension ; 
the  more  so,  as  a  French  treaty  had  secured  their  allies  to 
you  ;  and  because  America  is  more  likely  to  receive  ad 
vances,  than  to  need  throwing  herself  at  other  people's 
feet. 

The  particulars  of  the  negotiation  with  Spain  I  do  not 
dwell  upon.  In  my  opinion  they  were  wrong,  but  I  may 
be  mistaken.  Certain  it  is,  that  an  exchange  of  Ministers 
ought  to  have  been,  and  now  an  exchange  of  powers  must 
be,  upon  equal  footing.  What  England  has  done  is  noth 
ing,  either  as  to  the  right  or  the  mode.  The  right  consisted 
in  the  people's  will,  the  mode  depends  upon  a  conscious 
ness  of  American  dignity.  But  if  Spain  has  hitherto  de 
clined  to  acknowledge  what  the  elder  branch  of  the  Bour 
bons  thought  honorable  to  declare,  yet  will  it  be  too  strange, 
that  England  ranks  before  her  in  the  date  and  the  benefits 
of  the  acknowledgment. 

There  are  more  powers  than  you  know  of,  who  are 
making  advances  to  America  ;  some  of  them  I  have  per 
sonally  received  ;  but  you  easily  guess  that  no  treaty  would 
be  so  pleasing  as  the  one  with  Spain.  The  three  natural 
enemies  of  Britain  should  be  strongly  united.  The  French 
alliance  is  everlasting,  but  such  a  treaty  between  the  friends 
of  France  is  a  new  tie  of  confidence  and  affection.  The 
Spaniards  nre  slow  in  their  motions,  but  strong  in  their  at 
tachments.  From  a  regard  to  them,  but  still  more  out  of 
regard  to  France,  we  must  have  more  ^patience  with  them 
than  with  any  other  nation  in  Europe. 


04  LAFAYETTE. 

But  peace  is  likely  to  be  made,  and  how  then  can  the 
man,  who  advised  against  your  going  at  all,  propose  your 
remaining  at  a  Court  where  you  are  not  decently  treated  ? 
Congress,  I  hope,  and  through  them  the  whole  nation,  do 
not  intend  their  dignity  to  be  trifled  with,  and,  for  my  part, 
I  have  no  inclination  to  betray  the  confidence  of  the  Amer 
ican  people.  T  expect  peace,  and  I  expect  Spain  to  act 
by  you  with  propriety ;  but  should  they  hesitate  to  treat 
you  as  a  public  servant  of  the  United  States,  then,  how 
ever  disagreeable  the  task,  Mr  Carmichael  had  better  go 
to  Paris  where  France  may  stand  a  mediator,  and  through 
that  generous  common  friend,  \ve  may  come  to  the  wished 
for  connexion  with  the  Court  of  Spain. 

With  a  high  regard  and  sincere  affection,  &tc. 

LAFAYETTE, 


TO    ROBERT    It.    LIVINGSTON. 

Cadiz,  February  5th,  1783. 
Dear  Sir, 

On  the  7th  of  December,  I  had  the  honor  to  write 
to  you  from  Brest,  and  my  letters  down  to  that  date 
have  contained  accounts  of  our  political  affairs.  Since 
which  time,  I  have  been  taken  up  in  preparations  of  a 
plan  that  would  have  turned  out  to  the  advantage  of 
America ;  indeed,  it  exceeded  my  first  expectations,  and 
to  my  great  surprise,  the  King  of  Spain  had  not  only  con 
sented  his  forces  should  co-operate  with  us,  but  on  the 
consideration  of  obtaining  a  necessary  diversion,  he  had 
been  induced  by  Count  d'Estaing  to  approve  my  being 
detached  into  Canada  with  a  French  force.  Nay,  had 
the  war  continued,  I  think  that,  if  not  for  love,  at  least 


DIPLOMATIC  CORRESPONDENCE.  25 

on  political  motives,  they  would  have  consented  to  offer 
pecuniary  assistance. 

The  conditions  of  the  peace  I  do  not  dwell  upon.  I 
hope  they  are  such  as  will  be  agreeable  in  America. 
They  have  no  doubt  been  sent  from  Prance,  and  the  part 
that  respects  the  United  States  will  have  been  immediately 
forwarded  for  their  ratification.  1  do  not  hope  to  send 
you  the  first  tidings  of  a  general  peace.  Yet  I  have  pre 
vailed  upon  a  small  vessel  to  alter  her  course,  and  my  own 
servant  is  going  with  the  despatches,  to  prevent  either 
neglect  or  other  accidental  delays. 

On  the  moment  of  my  arrival  at  Cadiz,  I  began  a 
close  correspondence  with  Mr  Carmichael.  It  at  first 
respected  money  matters,  but  soon  took  a  still  more  im 
portant  turn.  Having  been  officially  asked  my  advice 
upon  his  future  conduct,  I  gave  it  in  a  letter,  of  which 
the  enclosed  is  a  copy.  Whatever  light  my  opinion 
may  appear  in  at  Madrid,  or  elsewhere,  I  think  it  is 
consistent  with  the  dignity  of  the  United  States. 
Now,  Sir,  while  enjoying  the  hope  of  being  in  a  few 
weeks  on  the  American  shore,  I  have  a  letter  from  Mr 
Carmichael,  wherein  he  requests  my  assistance  at  Ma 
drid.  How  far  it  may  serve  him  I  do  not  know  ;  but 
since  I  am  thought  useful,  I  shall  yield  to  my  zeal  for 
the  service  of  America,  I  readily  give  up  personal 
gratifications.  On  my  arrival  at  Madrid,  I  shall  have 
the  honor  to  give  you  my  opinion  of  our  situation 
there.  Among  the  Spaniards  we  have  but  few  well 
wishers,  and  as  they,  at  the  bottom,  hate  cordially  the 
French,  our  alliance,  though  a  political,  is  not  a  senti 
mental  consideration  with  them.  But  I  wish  a  settle 
ment,  of  boundaries  may  remove  the  more  immediate 

VOL.     X.  4 


06  LAFAYETTE. 

prospects  of  dispute.  It  is,  I  believe,  very  important 
to  America;  the  more  so,  as  she  became  a  national 
ally  to  France,  a  national  enemy  to  Britain.  But  the 
Spaniards  will  be  forever  extravagant  in  their  territo 
rial  notions,  and  very  jealous  of  the  increase  of  Amer 
ican  wealth  and  power.  But  it  is  good  policy  for  us 
to  be  upon  friendly  terms  with  them,  and  I  wish  on 
my  return  to  Paris,  that  I  may  carry  for  Mr  Jay  some 
hopes  of  better  success  in  his  Spanish  negotiation. 

I  have  just  heard  that  both  Floridas  were  given  to 
Spain.  This  accounts  for  Lord  Shelburne's  condescen 
sion  in  fixing  our  Southern  limits.  The  people  of 
Florida  will,  I  hope,  remove  into  Georgia.  But  the 
Spaniards  will  insist  upon  a  pretended  right  to  an  ex 
tent  of  country  all  along  the  left  shore  of  the  Missis 
sippi.  Not  that  they  mean  to  occupy  it,  but  because 
they  are  afraid  of  neighbors  that  have  a  spirit  of  lib 
erty.  I  am  sorry  those  people  have  the  Floridas. 
But  as  we  cannot  help  it,  we  must  endeavor  to  frus 
trate  Lord  Shelburne's  views,  which  I  presume  are 
bent  upon  a  dispute  between  Spain  and  the  United 
States.  A  day  will  come,  I  hope,  when  Europeans 
will  have  little  to  do  on  the  northern  continent;  and 
God  grant  it  may  ever  be  for  the  happiness  of  mankind 
and  the  propagation  of  liberty. 

On  the  perusal  of  my  letter  to  Mr  Carmichael,  1  beg 
you  will  remember  it  is  calculated  to  undergo  the  in 
spection  of  both  cabinets  at  Versailles  and  Madrid; 
and  to  be  a  proof  against  the  unfriendly  connexions  of 
a  Spanish  Ministry.  Be  pleased  to  tell  Mr  Morris, 
that  I  remember  his  want  of  money  extends  further 
than  occasions  of  war.  At  the  time  of  my  leaving; 


DIPLOMATIC  CORRESPONDENCE.  27 

France,  I  had  been  made  to  hope,  but  do  not  know  for 
the  present  what  has  taken  place.  On  my  arrival  at 
Madrid,  I  will  be  very  attentive  to  that  point,  but 
shall  lake  care  to  preserve  the  dignity  of  the  United 
States,  of  which  I  have  a  proper  and  exalted  sense. 

In  my  determination  to  go  to  Madrid,  I  have  con 
sulted  with  Mr  Harrison,  a  gentleman  whose  residence 
at  this  place  enables  him  to  know  a  great  deal  about 
the  Spaniards.  He  has  to  this  moment  acted  as  a 
consul  in  this  place  ;  so  far  at  least,  as  to  serve  his 
countrymen,  and  spend  his  own  money  ;  for  he  has  no 
public  character,  and  what  he  has  done  he  undertook 
at  Mr  Jay's  request.  There  ought,  I  think,  to  be  a 
consul  at  this  place,  and  if  the  appointment  is  defer 
red,  several  inconveniences  will  be  laid  upon  the 
American  trade.  There  is  no  gentleman,  exclusive  of 
what  his  voluntary  services  deserve,  who  could  better 
fill  the  place  than  Mr  Harrison,  and  was  I  to  take  the 
freedom  to  advise,  I  would  warmly  recommend  him 
for  the  appointment. 

So  far  as  we  know  of  the  Spanish  preliminaries, 
they  give  up  their  claim  upon  having  Gibraltar,  but 
keep  Mahon,  and  have  the  two  Floridas.  The  islands 
of  Providence  are  returned  to  England.  We  hourly 
expect  a  French  courier.  Tobago  excepted,  they  gave 
up  their  conquests  in  the  West  Indies,  and  have  St 
Lucia  again.  Before  the  vessel  is  gone  I  hope  to  be 
more  particular.  As  to  the  American  preliminaries, 
they  have  long  ago  been  sent  to  Philadelphia. 

While  I  am  writing  a  French  courier  is  arrived. 
Enclosed  you  will  find  an  extract  of  the  preliminaries, 
such  as  they  are,  sent  to  me.  May  I  beg  you  will 


28  LAFAYETTE. 

please  to  communicate  my  letter  to   General  Washing 
ton,  though   it  is  a  public  one,  I    may    ask   the    favor 
from  you,  as  I  would  otherwise  have  sent  him   a  copy 
of  it. 

With  the  highest  regard,  I  have  the  honor  to  be,  &c. 

LAFAYETTE. 

P.  &  I  have  just  received  a  note  from  the  French 
Ambassador  at  Madrid,  whereby  I  find  that  my  letter 
had  a  good  effect. 

TO    THE    PRESIDENT    OF    CONGRESS. 

Cadiz,  February  5th,  1/83. 
Sir, 

Whatever  despatch  1  make  in  sending  a  vessel,  I  do 
not  flatter  myself  to  apprize  Congress  with  the  news 
of  a  general  peace  ;  yet  such  are  my  feelings  on  the 
occasion,  that  I  cannot  defer  presenting  them  with  my 
congratulations.  Upon  their  knowledge  of  my  heart, 
I  depend  more  than  upon  expressions,  which  are  so 
far  inadequate  to  my  sentiments.  Our  early  times  I 
recollect  with  a  most  pleasing  sense  of  pride;  our 
present  ones  make  me  easy  and  happy.  To  futurity  I 
look  forward  in  the  most  delightful  prospects. 

Former  letters  have  acquainted  Congress,  that,  upon 
my  intending  to  leave  France,  I  had  been  detained  by 
their  Commissioners.  To  my  letter  of  the  3d  of  De 
cember  I  beg  leave  to  refer  them  for  a  further  account 
of  my  conduct. 

Now  the  noble  contest  is  ended,  and  I  heartily  re 
joice  at  the  blessings  of  peace.  Fortynine  ships  of  the 
line  and  twenty  thousand  men  are  now  here,  with 


DIPLOMATIC  CORRESPONDENCE.  29 

whom  Count  d'Estaing  was  to  join  the  combined  forces 
in  the  West  Indies ;  and  during  the  summer  they 
were  to  co-operate  with  our  American  army.  Nay,  it 
had  lately  been  granted,  that,  whilst  Count  d'Estaing 
acted  elsewhere,  I  should  enter  the  St  Lawrence  river 
at  the  head  of  a  French  corps.  So  far  as  respects  me, 
I  have  no  regret,  but,  independent  of  personal  gratifica 
tions,  it  is  known  that  I  ever  was  bent  upon  the  addi 
tion  of  Canada  to  the  United  States. 

On  the  happy  prospect  of  peace  I  had  prepared  to 
go  to  America.  Never  did  an  idea  please  me  so  much 
as  the  hope  to  rejoice  with  those  to  whom  I  have  been 
a  companion  in  our  labors;  but  however  painful  the 
delay,  I  now  must  defer  my  departure.  In  the  dis 
charge  of  my  duty  to  America  no  sacrifice  shall  ever 
be  wanting,  and  when  it  had  pleased  Congress  to  di 
rect  that  their  Ministers  should  consult  with  me,  it 
became  my  first  concern  to  deserve  their  confidence. 

From  my  letter  to  Mr  Livingston  an  opinion  may 
be  formed  of  our  situation  in  Spain  ;  my  advice  has 
been  called  for,  and  I  have  given  it ;  my  presence  is 
requested,  and  instead  of  sailing  for  America,  I  am 
going  to  Madrid,  being  so  far  on  my  way  ;  and  as  Mr 
Jay  is  in  Paris,  I  think  it  is  better  for  me  to  go  there. 
But  unless  Congress  shall  honor  me  with  their  com 
mands,  I  shall  embark  in  the  course  of  June,  and  am 
eager  for  the  moment  when  I  may  again  enjoy  the 
sight  of  the  American  shores. 

Now,  Sir,  our  noble  cause  has  prevailed;  our  inde 
pendence  is  firmly  settled,  and  American  virtue  enjoys 
its  reward.  No  exertions,  I  hope,  will  now  be  want 
ing  to  strengthen  the  Federal  Union. 


30  LAFAYETTE. 

May  the  States  be  so  bound  to  each  other,  as  forever 
to  defy  European  politics.  Upon  that  union  their 
consequence,  their  happiness,  will  depend.  This  is 
the  first  wish  of  a  heart  more  truly  American  than 
words  can  express. 

With  the  highest  respect  I  have  the  honor  to  be,  &c. 

LAFAYETTE. 

TO    THE    COUNT    DE    FLORIDA    BLANCA. 

Translation. 

Madrid,  February  19th,  1783. 
Sir, 

Having  had  the  honor  to  confer  with  your  Excel 
lency  on  the  objects  relative  to  the  United  States,  and 
being  soon  to  repair  to  the  American  Congress,  I 
wish  to  be  fully  impressed  with  the  result  of  our  con 
versations.  Instead  of  the  indifference,  and  even  of 
the  divisions,  which  another  nation  would  be  glad  to 
foresee,  I  am  happy  to  have  it  in  my  power  to  inform 
the  United  States  of  your  good  dispositions.  It  is  to 
you.  Sir,  I  am  indebted  for  this  advantage,  and  in  or 
der  to  make  it  complete,  and  to  make  myself  certain 
that  I  forget  nothing,  give  me  leave  to  submit  to  your 
Excellency  the  account  which  I  intend  to  lay  before 
Congress. 

His  Catholic  Majesty  desires,  that  a  lasting  confi 
dence  and  harmony  may  subsist  between  him  and  the 
United  States,  and  he  is  determined  on  his  part  to  do 
everything  that  will  be  necessary  to  keep  it  up.  The 
American  Charge  d'affaires  is  at  this  moment  received 
as  such,  and  your  Excellency  is  going  to  treat  of  the 


DIPLOMATIC  CORRESPONDENCE  31 

interests  of  the  two  nations.  As  you  wish  to  show  Mr 
Jay  every  kind  of  regard,  you  wait  only  till  the  Count 
d'Aranda  shall  have  notified  your  dispositions  to  him, 
before  you  present  Mr  Carmichael  to  his  Majesty. 

With  respect  to  the  limits,  his  Catholic  Majesty  has 
adopted  those  that  are  determined  by  the  prelimina 
ries  of  the  30th  of  November,  between  the  United 
States  and  the  Court  of  London.  The  fear  of  raising 
an  object  of  dissension,  is  the  only  objection  the  King 
has  to  the  free  navigation  of  the  river  Mississippi. 
The  Virginia  tobacco,  and  the  naval  stores,  may  furn 
ish  matter  for  reciprocal  conventions  in  the  treaty,  and 
by  means  of  the  productions  of  America,  arrangements 
might  be  made  which  would  be  useful  to  her  finances. 
When  I  had  the  honor  to  speak  to  you  in  favor  of  a 
diminution  of  the  duties  on  codfish,  you  answered,  that 
it  would  be  necessary  to  give  to  France  a  similar  ad 
vantage,  and  that  by  virtue  of  former  treaties,  the 
English  might  set  up  pretensions  to  the  same  ;  but  that 
you  will  do  in  every  respect  all  that  will  be  in  your 
power  to  satisfy  America. 

I  would  with  very  great  pleasure  touch  upon  every 
detail,  which  may  enter  into  a  connexion  between 
Spain  and  the  United  States,  but  I  am  not  to  be  con 
cerned  in  this  happy  work.  The  Ministers  of  the 
United  States,  and  the  one  whom  you  may  send  thither 
are  to  make  it  their  business,  and  I  content  myself 
with  reminding  you  of  the  general  ideas  you  have 
given  me.  A  word  from  you  will  satisfy  me  that  I 
have  not  omitted  anything.  The  dispositions  of  his 
Catholic  Majesty,  and  the  candor  of  your  Excellency, 
will  leave  no  pretexts  for  misrepresentations.  The 


32  LAFAYETTE. 

alliance  of  the  House  of  Bourbon  with  the  United 
States  is  founded  on  reciprocal  interest ;  it  will  still 
acquire  greater  strength  from  the  confidence  which 
your  Excellency  wishes  to  establish. 

Such,  Sir,  are  the  conclusions,  which  I  have  drawn 
from  our  conferences,  and  the  account  which  I  intend 
to  give  to  Congress,  without  having  any  mission  for 
that  purpose.  I  arn  acquainted  with  the  sentiments  of 
Congress,  and  I  am  convinced  they  will  set  a  just 
value  upon  your  dispositions.  In  permitting  me  to 
acquaint  them  with  these  particulars,  you  will  have  a 
claim  to  my  personal  gratitude.  To  the  assurance  of 
this  I  join  that  of  the  respect,  with  which  I  have  the 
honor,  &c.  LAFAYETTE. 

COUNT  DE  FLORIDA  BLANC  A  TO  M.  DE  LAFAYETTE. 

Translation. 

Pardo,  February  22d,  1783. 

Sir, 

I  cannot  comply  better  with  your  desire,  than  by  asking; 
your  leave  to  give  you  here  my  answer.  You  have  per 
fectly  well  understood  whatever  I  have  had  the  honor  to 
communicate  to  you,  with  respect  to  our  dispositions 
towards  the  United  States.  I  shall  only  add,  that  although 
it  is  his  Majesty's  intentions  to  abide,  for  the  present,  by 
the  limits  established  by  the  treaty  of  the  30th  of  Novem 
ber,  1782,  between  the  English  and  the  Americans,  yet 
the  King  intends  to  inform  himself  particularly  whether  it 
can  be  in  any  ways  inconvenient  or  prejudicial  to  settle 
that  affair  amicably  with  the  United  States. 
I  have  the  honor  to  be,  &c. 

COUNT  DE  FLORIDA  BLANCA. 


DIPLOMATIC  CORRESPONDENCE.  33 

TO    THE    COUNT    DE    FLORIDA    BLANCA. 

Translation. 

Madrid,  February  22d,  1783. 

On  receiving  the  answer  of  the  Count  de  Florida 
Blanca,  I  desired  an  explanation  respecting  the  addition 
that  relates  to  the  limits.  I  was  answered,  that  it  was  a 
fixed  principle  to  abide  by  the  limits  established  by  the 
treaty  between  the  English  and  Americans,  that  his  re 
marks  related  only  to  mere  unimportant  details,  which  he 
wished  to  receive  from  the  Spanish  commandants,  which 
would  be  amicably  regulated,  and  would  by  no  means  op 
pose  the  general  principle.  T  asked  him,  before  the  Am 
bassador  of  France,  whether  he  could  give  me  his  word  of 
honor  for  it.  He  answered  me,  he  would,  and  that  I 
might  engage  it  to  the  United  States. 

LAFAYETTE. 

TO    ROBERT    R.    LIVINGSTON. 

Bordeaux,  March  2d,  1783. 
Dear  Sir, 

Upon  the  news  of  a  general  peace,  1  had  the  honor  to 
write  to  you,  and  took  the  liberty  to  address  Congress  in  a 
letter,  of  which  the  enclosed  is  a  duplicate.  Those  des 
patches  have  been  sent  by  the  Triomphe,  a  French  vessel, 
and  by  her  you  will  'also  have  received  a  note  of  the  gene 
ral  preliminaries. 

The  reasons  of  my  going  from  Cadiz  to  Madrid  being 
known  to  you,  1  shall  only  inform  you,  that  upon  my  ar 
rival  there,  I  waited  upon  the  King,  and  paid  a  visit  to  the 
Count  de  Florida  Blanca.  Independent  of  my  letter  lo 
Mr  Carmichael,  of  which  you  have  a  copy,  1  had  very 

VOL.     X.  fj 


34  LAFAYETTE 

openly  said,  that  I  expected  to  return  with  him  to  Paris, 
So  that  after  the  first  compliments,  it  was  easy  for  me  to 
turn  the  conversation  upon  American  affairs.  I  did  it  with 
the  more  advantage,  as  I  had  beforehand  fully  conversed 
with  Mr  Carmichael,  who  gave  me  his  opinion  upon  every 
point,  and  I  was  happy  to  find  it  coincided  with  mine. 

In  the  course  of  our  conversation,  I  could  see,  that 
American  independence  gives  some  umbrage  to  the  Span 
ish  Ministry.  They  fear  the  loss  of  their  Colonies,  and 
the  success 'of  our  revolution  appears  to  be  an  encourage 
ment  to  this  fear.  Upon  this  subject  their  King  has  odd 
notions,  as  he  has  indeed  upon  everything.  The  recep 
tion  of  Mr  Carmichael  they  wanted  to  procrastinate,  and 
yet  they  knew  it  must  be  done.  In  offering  my  opinion 
to  Count  de  Florida  Blanca,  I  did  it  in  a  very  free  man 
ner.  I  rejected  every  idea  of  delay.  I  gave  a  descrip 
tion  of  America,  and  of  each  of  the  States,  of  which  Count 
de  Florida  Blanca  appeared  to  know  very  little.  While  I 
abated  their  fears  from  our  quarter,  I  endeavored  to 
awaken  them  upon  other  accounts.  It  is  useless  to  men 
tion  the  particulars  of  this  conversation,  which  lasted  very 
long,  and  which  he  promised  to  lay  before  the  King.  In 
two  days  he  said  he  should  pny  me  a  visit  at  Madrid.* 

Agreeably  to  the  appointment,  I  waited  for  Count  de 
Florida  Blanca,  and  there,  in  presence  of  the  French  Am 
bassador,  he  told  me  that  the  King  had  determined  im 
mediately  to  receive  the  Envoy  from  the  United  States. 
Our  conversation  was  also  very  long;,  and  I  owe  Count  de 
Montmorin  the  credit  to  say,  that  not  only  at  that  time,  but 
in  every  instance  where  he  could  operate  on  the  Count  de 

*  The  Court  was  then  at  Pardo. 


DirLOMATlC  CORRESPONDENCE.  35 

Florida  Blanca  in  our  favor,  he  threw  in  all  the  weight  of 
the  influence  of  France. 

It  was  on  Wednesday  that  I  received  Count  de  Florida 
Blanca's  visit.  In  conformity  with  the  Spanish  style,  he 
endeavored  to  delay  our  affairs.  I  took  the  liberty  to  say, 
that  on  Saturday  I  must  set  out,  and  it  was  at  last  fixed 
that  on  Friday,  Mr  Carmichael  should  deliver  his  creden 
tials,  and  on  Saturday  would  be  invited  to  the  dinner  of 
the  foreign  Ministers. 

As  to  more  important  matters,  I  conversed  upon  the 
affair  of  limits,  and  upon  the  navigation  of  the  Mississippi, 
to  the  last  of  which  points  I  found  him  very  repugnant.  I 
spoke  upon  the  codfish  duties.  I  wanted  to  have  H 
preference  engaged  for  in  writing,  upon  all  bargains  res 
pecting  tobacco  and  naval  stores  ;  in  a  word,  I  did  my 
best,  and  would  have  been  more  particular  in  point  of 
money,  had  not  the  Minister's  answer  put  it  out  of  my 
power  to  do  it  in  any  other  way,  than  such  as  was  incon 
sistent  with  the  dignity  of  the  United  States. 

As  Count  de  Florida  Blanca  was  taking  leave,  I  told 
him  that  my  memory  must  be  somewhat  aided.  I  pro 
posed  writing  to  him,  and  getting  from  him  an  answer. 
To  this  he  first  objected,  but  afterwards  consented,  say 
ing,  however,  that  his  word  was  as  good  as  his  writing. 
And  as  I  had  been  sometimes  a  little  high  toned  with  him 
in  behalf  of  America,  he  added,  that  Spain  was  sincere  in 
her  desire  to  form  an  everlasting  friendship,  but  did  not 
act  out  of  fear.  I  had  before  observed,  that  it  was  on 
Spain's  account  that  1  wished  for  a  good  understanding 
between  her  and  America. 

The  reading  of  my  letter,  a  copy  of  which  I  enclose, 
will  better  inform  you  of  the  points  that  have  been  either 


36  LAFAYETTE. 

wholly  or  partially  granted.  I  endeavored  to  make  the 
best  of  our  conversations,  and  to  engage  him  as  far  as  I 
could.  On  the  other  hand,  I  kept  onr  side  clear  of  any 
engagement,  which  it  was  easy  for  me  to  do  in  my  private 
capacity.  I  did  not  even  go  so  far  as  general  professions. 
But  since  1  had  been  called  there,  I  desired  only  to  induce 
him  into  concessions  that  might  serve  the  purposes  of  Mr 
Jay.  My  letter  was  delivered  on  Thursday.  The  next 
day  I  accompanied  Mr  Carmichael,  who  is  much  and  uni 
versally  beloved  and  respected  in  that  country.  On  Sat 
urday,  before  dinner,  I  received  the  answer,  which  for  fear 
of  ambiguities,  I  had  requested  to  be  given  at  the  end  of 
the  letter.  A  sentence  of  the  answer  I  made  him  explain 
before  the  French  Ambassador.  Herein  are  joined  those 
copies,  and  I  keep  the  original  for  Mr  Jay,  whose  political 
aid  de  camp  I  have  thus  been.  I  have  of  course  referred 
to  him  everything,  and  this  negotiation,  wherein  he  has 
exercised  the  virtue  of  patience,  will  now  require  his  care 
and  his  abilities.  The  Ministers  of  some  powers,  Prussia 
among  them,  having  asked  me  if  Congress  would  be  wil 
ling  to  make  an  advance  towards  them,  I  have  answered, 
that  the  United  States  ought  in  my  opinion  not  to  make, 
but  to  receive  advances. 

At  the  same  time  I  was  employed  in  conversation  with 
Count  de  Florida  Blanca,  I  did  not  neglect  speaking  upon 
the  same  subject  with  the  other  Ministers.  M.  de  Galvez, 
in  whose  department  the  Indies  are,  appears  much  averse 
to  the  English  limit.  He  has  for  the  present  sent  orders 
to  the  Spanish  governors,  to  abide  by  those  limits,  and  an 
official  copy  of  those  orders  has  been  promised  to  me. 
But  M.  de  Galvez  was  of  opinion,  that  those  limits  would 
not  do.  I  have  therefore  thought  it  proper,  officially  by 


DIPLOMATIC  CORRESPONDENCE.  37 

writing,  and  before  witnesses,  so  effectually  to  bind  them, 
that  the  affair  of  limits  cannot  now  but  be  settled  on  their 
side.  Independent  of  their  hand  writing,  France,  through 
her  Ambassador,  is  a  witness  to  the  engagement ;  and  yet, 
being  in  a  private  capacity,  1  took  care  not  to  engage 
America  to  anything. 

Never  was  a  man  further  from  a  partiality  for  Spain  than 
1  am.  But  I  think  I  now  have  left  them  in  a  sincere  and 
steady  intention  to  cultivate  the  friendship  of  America. 
The  French  party  at  that  Court  will  be  for  it.  They  labor 
under  fits  of  occasional  madness.  They  have  an  ill  con 
ducted  pride.  It  is  disagreeable  to  treat  with  them,  and 
their  own  interest  does  not  persuade  them  out  of  their 
prejudices.  But  though  they  had  rather  there  were  not 
such  a  place  as  North  America,  they  are  truly  and  ear 
nestly  desirous  to  maintain  a  good  harmony  and  Jive  in 
friendship  and  neighborly  union  with  the  United  States. 
The  Mississippi  is  the  great  affair.  I  think  it  is  the  in 
terest  of  America  to  be  well  with  Spain,  at  least  for 
many  years  ;  and  particularly  on  account  of  the  French 
alliance  ;  so  that  I  very  much  wish  success  to  Mr  Jay's 
negotiations.  I  have  advised  Mr  Carmichael  to  continue 
his  conferences,  and  I  think  they  will  be  of  service. 

On  my  arrival  at  this  city,  I  hear  that  Lord  Shelburne 
is  out  of  place,  and  has  been  succeeded  by  Lord  North. 
But  I  cannot  give  it  as  certain.  The  American  flag  has 
already  made  its  appearance  before  the  city  of  London. 

Upon  the  principles  of  an  unbounded  zeal  for  America, 
can  I  be  permitted  to  repeat,  that  every  American  patriot 
must  wish  that  the  federal  union  between  the  States  may 
continue  to  receive  additional  strength  ?  Upon  that  inti 
mate  national  union  their  happiness  and  their  consequence 
depend. 


38  LAFAYETTE 

Hoping  that  iny  voluntary  excursion  to  Madrid  may 
have  somewhat  prepared  the  way  to  fulfil  the  intentions  of 
Congress,  I  hasten  to  join  Mr  Jay,  whose  abilities  will  im 
prove  the  account  I  shall  lay  before  him. 

I  have  the  honor  to  be,  with  the  most  affectionate  re 
gard,  &c. 

LAFAYETTE. 


ROBERT    R.    LIVINGSTON    TO    M.    DE    LAFAYETTE. 

Philadelphia,  May  1st,  1783. 

Dear  Sir, 

I  am  now  to  acknowledge  your  favor  of  the  5th  of  Feb 
ruary,  by  the  Triomphe,  and  that  of  the  2d  of  March, 
from  Bordeaux.  You  were  the  happy  messenger  of  glad 
tidings  on  both  occasions.  Before  her  arrival  we  had  re 
ceived  no  account  of  the  signature  of  the  general  prelim 
inaries,  or  of  the  cessation  of  hostilities.  You  can  easily 
conceive  the  joyful  reception  it  met  with  here,  where  we 
began  to  be  heartily  tired  of  the  war ;  nor  was  it  less  wel 
come  intelligence  to  the  army,  than  to  the  other  citizens  of 
America. 

The  second  letter,  which  promises  a  happy  settlement 
of  all  differences  with  Spain,  was  flattering  to  those  among 
us  who  knew  the  importance  of  her  friendship,  both  in  a 
commercial  and  political  view.  Congress  feel  themselves 
under  great  obligations  to  you,  for  the  ardor  you  discov 
ered  in  accelerating  this  happy  event ;  and  the  address 
with  which  you  placed  it  in  such  a  train  as  to  make  it 
difficult  for  the  Spanish  Minister  to  go  back  from  his  en 
gagements. 

By  this  conveyance  T  send  our  Ministers  the  ratification 
of  the  provisional  articles.  Carleton  and  Digby  have  sent 
out  their  prisoners,  and  we  are  making  arrangements  to 


DIPLOMATIC  CORRESPONDENCE.  39 

send  in  ours.  Congress  having  determined  on  their  part 
to  do,  not  only  all  that  good  faith  may  require,  but  by  this 
mark  of  confidence  to  convince  them,  that  they  have  no 
doubt  of  the  sincerity  of  their  professions.  Our  Ministers 
will  show  you  the  letters  that  have  passed  between  Carle- 
ton  and  me.  Some  among  us,  from  finding  nothing  yet 
done  that  leads  to  the  evacuation  of  New  York,  have  been 
apprehensive  that  the  British  will  effect  delays  on  that  sub 
ject,  till  the  tories  are  satisfied,  which  I  can  venture  to  tell 
you  in  confidence  they  never  will  be  unless  the  English  shall 
on  their  part  repair  all  the  cruel  losses  they  have  unneces 
sarily  occasioned.  I  this  moment  received  a  letter  from  the 
General,  informing  me,  that  he  had  proposed  a  personal 
interview  with  Carleton,  in  hopes  of  learning  something  of 
his  intentions  with  respect  to  the  evacuation,  but  I  fear  he 
will  be  deceived  in  this  hope,  if  t  may  judge  from  the  de 
bates  of  the  3d  of  March,  which  prove  that  no  orders  had 
then  been  transmitted. 

I  cannot  leave  writing,  without  expressing  how  sincerely 
I  agree  with  you,  in  your  wishes  that  unanimity  may  pre 
vail,  and  the  band  of  union  among  us  be  strengthened  ; 
there  is  no  thinking  man  here,  who  does  not  at  the  same 
time  feel  the  necessity  and  lament  the  difficulty  of  effect 
ing  a  measure,  on  which  our  happiness  so  greatly  depends. 
Congress  have  made  some  general  arrangements  in  their 
finances,  which  if  adopted  by  the  several  States,  will  ren 
der  our  national  debt  a  national  tie,  which  time  and  ex 
perience  may  strengthen.  Our  Ministers  will  show  you 
those  resolutions ;  I  will  not  therefore  unnecessarily  bur 
den  Colonel  Ogden  with  them.  For  general  information 
1  refer  you  to  him, 

And  have  the  honor  to  be,  &tc. 

ROBERT  R.  LIVINGSTON. 


40  LAFAYETTE. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Chavaniac,  in  the  Province  of) 
Auvergne,  July  20th,  1783.       > 

Sir, 

Having  been  for  some  days  in  the  country,  where 
I  am  waiting  for  the  arrival  of  the  Trimophe,  lam  hon 
ored  with  your  Excellency's  favor  of  the  12th  of  April, 
which  I  hasten  to  acknowledge.  It  is  for  me  a  great  hap 
piness  to  think,  that  Congress  have  been  pleased  to  ap 
prove  my  conduct,  and  that  an  early  intelligence  has 
proved  useful  to  our  American  trade.  To  ray  great  sat 
isfaction  I  also  hear,  that  my  endeavors  in  Spain  have 
been  agreeable  to  Congress.  Upon  my  arrival  in  Paris 
I  made  Mr  Jay  acquainted  with  ray  proceedings.  The 
concessions  I  had  obtained  from  the  Spanish  Court  (with 
out  any  on  our  part)  were  also  put  into  his  hands.  Since 
which  I  could  have  no  more  to  do  in  the  negotiations, 
wherein  I  had  taken  the  part  of  a  temporary  volunteer. 

However  repeated  may  have  been  the  marks  of  confi 
dence,  which  Congress  have  conferred  upon  me,  they  ever 
fill  my  heart  with  a  new  satisfaction.  What  you  have 
mentioned  respecting  payment  of  debts,  will  of  course  be 
come  my  first  and  most  interesting  object.  I  have  warmly 
applied  to  the  French  Ministry,  and  will  on  that  point  so 
licit  the  confidence  of  the  gentlemen  in  the  American 
Commission.  But  upon  hearing  of  an  opportunity,  I  could 
not  an  instant  defer  to  acknowledge  your  Excellency's 
letter.  Agreeably  to  the  last  despatches,  I  am  waiting  for 
the  orders  which  I  hope  to  receive  by  the  Triomphe. 
Any  commands  which  Congress  may  have  for  me,  shall 
be  cheerfully  executed,  by  one  of  their  earliest  soldiers, 
whose  happiness  it  is  to  think,  that  at  a  less  smiling  moment 


DIPLOMATIC  CORRESPONDENCE.  4] 

he  had  the  honor  to  be  adopted  by  America,  and  whose 
blood,  exertions,  and  affections,  will  in  her  good  times,  as 
lliey  have  been  in  her  woist,  be  entirely  at  her  service, 

It  appears  Russia  is  determined  upon  a  Turkish  war, 
and  should  they  give  it  up  now,  the  matter  would  only  be 
postponed.  What  part  the  Emperor  is  to  take,  we  cannot 
at  present  so  well  determine.  Whenever  the  way  is  opened 
to  me,  I  endeavor  to  do  that  which  may  prove  agreeable 
to  Congress,  and  intend  to  keep  them  acquainted  with 
political  occurrences.  Jt  is  a  pleasing  idea  for  me  now  to 
think,  that  nothing  can  derange  our  glorious  state  of 
liberty  and  independence.  Nothing,  I  say,  for  1  hope 
measures  will  be  taken  to  consolidate  the  Federal  Union, 
and  by  those  means  to  defeat  European  arts,  and  insure 
eternal  tranquillity. 

With  the  highest  respect,  I  have  the  honor  to  be,  ike. 

LAFAYETTE. 

P.  ti.  Congress  have  no  doubt  received  accurate 
accounts  respecting  the  affair  of  free  ports.  On  my 
arrival  from  Spain,  I  found  that  Bayonne  and  Dunkirk 
had  been  pitched  upon,  and  I  immediately  applied  for 
L'Orient  and  Marseilles.  L'Orient  is  by  far  the  most 
convenient  on  the  coast,  and  we  now  have  got  it. 
That  being  done,  I  am  again  applying  for  Bayonne, 
which  has  some  advantages,  and  I  wish  Congress 
would  send  orders  to  Mr  Barclay.  In  the  meanwhile, 
the  more  free  ports  we  have  the  better.  This  affair  of 
free  ports,  the  subject  which  Congress  have  recom 
mended,  and  the  despatches  I  am  directed  to  expect 
by  the  Triomphe,  will  determine  the  time  when, 
having  no  more  American  business  here,  I  may  in- 
VOT,.  \.  6 


/|  2  LAFAYETTE. 

dulge  my  ardent  desire  to  return  to  the  beloved  shores 

of  America. 

LAFAYETTE. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Nantes,  September  7th,  1783. 
Sir, 

In  consequence  of  the  Jate  arrangements,  the  French 
September  packet  is  about  to  saiJ,  and  I  beg  your  Ex 
cellency's  leave  to  improve  that  regular,  speedy,  and 
safe  opportunity.  At  the  same  time,  Congress  will 
receive  a  definitive  treaty.  But  upon  this  point,  since 
I  left  Madrid,  my  services  have  not  been  wanting. 
From  our  Commissioners,  Congress  will  of  course 
receive  better  information.  This  one  object  I  must 
however  mention,  which  respects  American  debts. 
As  soon  as  I  knew  the  wishes  of  Congress,  I  did,  as  I 
ever  shall  in  such  a  case,  earnestly  apply  to  the  French 
Ministry  and  the  American  Commissioners.  But  I 
was  answered  that  it  could  not  be  done,  and  did  not 
even  consist  with  the  powers  of  the  British  Ministrv. 
After  which,  and  at  that  time  of  the  negotiation,  I  had 
no  means  to  improve  the  hint  I  had  received  from 
your  Excellency. 

As  to  mercantile  affairs  in  France,  Mr  Barclay 
will  acquaint  Congress  with  their  present  situation. 
Bayonne  and  Dunkirk  having  been  pointed  out  as 
American  free  ports,  and  the  opinion  of  Congress  not 
being  known,  I  took  upon  myself  to  represent  the 
harbor  of  L'Orient  as  preferable  to  either  of  those 
abovementioned.  It  has  lately  been  made  a  free  port : 
and  I  now  wish  the  affair  of  Bayonne  may  be  again 


DIPLOMATIC  CORRESPONDENCE.  43 

taken  up.  Those  three  ports,  with  Marseilles,  would 
make  a  very  proper  chain,  and  in  the  meanwhile,  I 
hope  L'Orient  will  prove  agreeable  to  the  American 
merchants. 

There  now  exist  in  this  kingdom  many  obstacles  to 
trade,  which  I  hope,  by  little  and  little,  will  be  erad 
icated,  and  from  the  great  national  advantages  of  this 
country  over  England,  it  will  of  course  result  that  a 
French  trade,  generally  speaking,  must  prove  more 
beneficial  to  America.  Upon  many  articles  of  Ameri 
can  produce  I  wish  preference  may  be  obtained  from 
this  government,  and  besides  commercial  benefits  in 
Europe,  your  Excellency  feels  that  West  India  ar 
rangements  cannot  easily  be  adjusted,  with  European 
notions  and  at  the  present  costs.  Upon  those  objects, 
Mr  Barclay  has  had,  and  again  will  have,  conferences 
with  the  Ministers.  Circumstanced  as  we  now  are,  he 
is,  and  the  Commissioners  also  are  of  opinion,  that 
my  presence  in  France  may  be  serviceable.  As  he 
was  pleased  to  apply  to  me  on  the  subject,  saying  he 
would  mention  the  matter  to  Congress,  and  as  their 
orders  which  I  was  to  expect  have  not  yet  reached 
me,  I  think  it  my  present  duty,  and  it  ever  shall  be 
my  rule,  to  do  that  in  which  I  hope  to  serve  the 
United  States. 

Warlike  preparations  are  still  going  on  in  the  east 
ward.  Immediately  after  she  had  signed  a  commer 
cial  treaty  with  the  Turks,  it  pleased  the  Empress  of 
Russia  to  seize  upon  the  Crimea  under  a  frivolous 
pretence.  Her  armies  are  ready  to  take  the  field, 
stores  and  troops  have  been  collected  upon  the  borders 
of  the  Black  Sea,  and  the  Turks  are  making  immense, 


44  LAFAYETTE. 

but  I  think  not  very  formidable,  preparations.  By 
our  last  accounts  the  Austrians  were  gathering  upon 
those  borders,  which  lead  towards  an  invasion  of 
Turkish  Provinces  ;  and  it  is  thought  by  many,  that 
for  fear  of  the  plague,  the  two  Imperial  powers  will 
prefer  winter  operations.  How  far  matters  may  be 
carried,  or  compromised,  cannot  yet  be  well  deter 
mined.  What  part  France,  Prussia,  and  England  will 
take,  is  not  yet  known.  The  Levant  trade  cannot  but 
be  interested  in  the  affair. 

In  every  American  concern,  Sir,  my  motives  are  so 
pure,  my  sentiments  so  candid,  my  attachments  so 
warm  and  so  long  experienced,  that  from  me  nothing, 
I  hope,  will  appear  intruding  or  improper.  Upon 
many  points  lately  debated,  my  opinions,  if  worth  a 
remark,  are  well  and  generally  known.  But  I  must 
frankly  add,  that  the  effect  which  some  late  transac 
tions  have  upon  European  minds  cannot  but  make  me 
uneasy.  In  the  difficulties,  which  a  patriotic  and  de 
serving  army  have  met  with,  Europeans  have  been 
misled  to  conceive  a  want  of  public  gratitude.  In  the 
opinions  that  have  from  every  quarter  been  stated, 
Europeans  have  also  mistaken  partial  notions  for  a 
want  of  disposition  to  the  Federal  Union  ;  and,  with 
out  that  Union,  Sir,  the  United  States  cannot  preserve 
that  dignity,  that  vigor,  that  power,  which  insures  the 
glory  and  the  happiness  of  a  great,  liberal,  and  inde 
pendent  nation.  Nay,  it  would  be  ill  fate  to  us,  who 
have  worked,  fought,  and  bled  in  this  cause,  to  see  the 
United  States  a  prey  to  the  snares  of  European  poli 
tics.  But  I  am  only  mentioning  the  opinions  of  men 
on  this  side  of  the  water,  and  in  my  heart,  I  hope 


DIPLOMATIC  CORRESPONDENCE.  45 

everything  will  be  adjusted  to  the  satisfaction  of  that 
part  of  the  citizens,  who  have  served  in  the  army,  and 
that  other  part  in  the  civil  line,  who,  during  the  war, 
have  sympathised  with  their  troops.  I,  above  every 
other  earthly  wish,  most  fervently  pray,  that  the  ene 
mies  of  liberty,  or  such  as  are  jealous  of  America,  may 
not  have  the  pleasure  to  see  us  deviate  from  the  prin 
ciples  of  the  Federal  Union.  And  upon  a  recollection 
of  my  introductory  apology,  I  hope  the  observations  I 
humbly  offer  will  be  as  kindly  received,  as  they  are 
respectfully  and  affectionately  presented. 

When  it  is  thought  my  presence  here  can  be  dispensed 
with,  or  in  case  the  situation  of  affairs  should  persuade  rue 
it  were  more  useful  in  America,  I  will  not  delay  to  join  a 
wished  for  and  beloved  land.  Any  orders  or  commands 
whatever,  which  Congress  may  be  pleased  to  give  me,  I 
shall  most  cheerfully  obey  ;  and  as  every  moment  in  my 
life  is  devoted  to  the  love  and  respect  of  the  United  States, 
so  will  it  ever  be  my  happiness  to  serve  them. 

With  every  sentiment  of  an   affectionate  regard,  I  have 

the  honor  to  be,  &c. 

LAFAYETTE. 

TO     THE     PRESIDENT    OF    CONGRESS. 

Paris,  December  26th,  1783. 
Sir, 

Having  received  no  commands  Irom  Congress  by  the 
last  packet,  I  must,  however,  trespass  upon  their  time  to 
give  them  a  few  hints  respecting  American  commerce.  I 
have  of  course  directed  them  to  Mr  Morris ;  and  although 
Dr  Franklin  (the  other  Ministers  being  in  England)  will 
give  you  political  intelligence,  I  cannot  help  adding,  that  by 


46  LAFAYETTE. 

a  refined  piece  of  cunning,  the  King  of  England  has  got 
Mr  Fox  out  of  the  Ministry.  After  having  entangled  him 
by  a  success  in  the  House  of  Commons,  he  found  means 
to  stop  him  short  in  the  House  of  Lords ;  in  consequence 
of  which  Mr  Fox  has  been  dismissed.  Mr  Pitt,  and  the 
last  of  the  Temples  called  in,  and  the  new  administration, 
(Lord  North  being  also  out)  necessitates  the  calling  of  a 
new  Parliament. 

The  affairs  between  Russia  and  the  Ottoman  Empire 
are  still  negotiating,  and  although  in  my  opinion  a  war  can 
not  be  much  deferred  in  that  quarter,  there  is  no  proba 
bility  of  its  taking  place  so  soon  as  next  summer.  The 
Emperor  is  in  Italy,  upon  which  some  say  he  has  also  got 
an  eye,  and  there  he  will  meet  with  the  King  of  Sweden. 
There  is  no  change  in  the  French  Ministry,  since  M.  de 
Calonne  has  succeeded  to  M.  de  Omillon.  and  Baron  de 
Breteuil  to  M.  Amelot,  both  of  whom  are  more  sensible 
than  their  predecessors. 

Unless  I  have  some  commands  from  Congress  to  exe 
cute  in  Europe,  I  shall  in  the  Spring  embark  for  America, 
and  present  them  with  the  personal  homage  of  one,  whose 
happiness  is  to  feel  himself  forever  a  zealous  member  in 
the  service  of  the  United  States. 

With  the  utmost  regard,  and  affectionate  attachment,  1 
have  the  honor  to  be,  &c. 

LAFAYETTE. 

TO  JOHN  JAY,  SECRETARY  OF  FOREIGN  AFFAIRS. 

Mount  Vernon,  November  25th,  1784. 
Dear  Sir, 

Although  I  hope  in  a  few  days  to  have  the  pleasure  of 
seeing  you,  I  must  beg  leave  lo  mention  a  matter,  which 


DIPLOMATIC  CORRESPONDENCE.  47 

has  not  u  little  hurt  my  feelings.  You  probably  know  that 
on  my  way,  passing  through  New  York,  and  particularly 
on  my  visit  to  Albany,  it  was  intimated  my  presence  at  the 
Indian  treaty  would  be  of  some  use  to  the  public.  At 
Fort  Schuyler  I  was  desired  to  speak  to  the  Indians,  which 
I  did,  and  the  Commissioners  had  the  papers  rilled  up  with 
their  other  transactions.  But  copies  were  taken,  which 
was  thought  then  a  matter  of  no  consequence.  The  en 
closed  letter  from  Mr  St  John,  and  the  gazette  that  accom 
panied  it,  will  show  you  that  from  the  most  obliging  and 
humble  motives  in  the  world,  he  attempted  to  translate  and 
print  such  incorrect  parts  of  the  relation  as  he  had  been 
able  to  come  at.  Had  his  kind  intentions  only  given  him 
an  instant  to  reflect,  he  might  have  seen  the  impropriety  of 
that  measure,  but  in  the  meanwhile,  it  looks  as  if  it  had  my 
consent ;  and  such  deviation  is  it  from  the  manner  in  which 
our  servants  of  the  United  States  ever  did  business,  that 
out  of  respect  for  Congress,  for  the  Commissioners,  and 
myself,  I  could  not  rest  easy  until  the  matter  should  be 
fully  explained.  Enclosed  in  my  letter  to  the  French 
Consul,  which,  after  you  have  taken  out  such  extracts  as 
you  think  proper,  I  beg  you  will  seal  up  and  send  by  the 
bearer.  Indeed,  my  Dear  Sir,  upon  your  friendship  I  de 
pend  to  have  this  little  circumstance  officially  laid  before 
Congress,  and  should  these  letters  be  worth  their  reading, 
it  will  be,  I  hope,  a  satisfactory  explanation  of  the  affair. 

In  the  first,  days  of  next  month  I  shall  have  the  pleasure 
to  meet  you  at  Trenton,  and  at  that  time  will  have  the  op 
portunity  of  conversing  with  you  on   several  subjects.     No 
answer  from  you  ever  came  to  hand. 
I  have  the  honor  to  be,  &ic. 

LAFAYETTE. 


48  LAFAYETTE. 

TO    JOHN    JAY. 

Versailles,  February  8th,  1785. 

Dear  Sir, 

After  thirty  days  passage,  I  was  safely  landed  at  Brest, 
and  am  so  lately  arrived  in  Paris,  that  1  had  better  refer 
you  to  your  Ministerial  intelligence.  In  consequence  of 
Austrian  demands  upon  the  Dutch,  and  the  gun  these 
have  fired  at  forty  thousand  men  were  sent 

to  the  Low  Countries  by  the  Emperor,  and  a  second  di 
vision  was  in  motion  the  same  way,  when  France  gave 
orders  for  two  armies  to  be  got  in  readiness,  the  one, 
probably,  in  Flanders,  and  the  other  in  Alsace.  Holland 
is  gathering  some  troops,  the  greater  number  purchased  in 
Germany,  and  will  have  at  the  utmost,  thirty  thousand 
men  in  the  field.  Count  de  Maillebois,  an  old  and  able 
French  General,  has  been  demanded  by  them.  Russia 
seems  friendly  to  the  Emperor ;  and  although  the  Stack- 
holder  is  a  friend  to  the  King  of  Prussia,  while  the  patri 
ots  are  wholly  attached  to  France,  yet  Prussia  will,  no 
doubt,  side  in  politics  with  France,  and  the  Stadiholder 
vvill  command  his  own  country's  troops. 

A  grand  plan  is  spoken  of,  whereby  the  Emperor  would 
endeavor  to  obtain  Bavaria,  and  in  return,  give  the  Low 
Countries  to  the  Palatine  House ;  a  bargain,  which 
betters  and  increases  the  Imperial  forces.  Under  these 
circumstances,  negotiations  cannot  but  be  very  interesting. 
Although  the  freedom  of  Holland,  and  the  protection  of 
the  German  Princes,  are  very  proper  objects  for  France 
to  support,  yet  a  war  with  the  Emperor  must  be  peculiarly 
disagreeable  to  the  Court.  It  will  certainly  be  avoided, 
if  consistent  with  the  liberties  of  Holland,  with  faith,  and 


DIPLOMATIC  CORRESPONDENCE.  49 

dignity  ;  and,  upon  the  whole,  I  am  strongly  of  opinion, 
that  no  war  will  take  place,  at  least  for  this  year.  The 
appearance  of  things,  however,  is  still  warlike  enough  to 
have  made  it  proper  for  me  to  be  arrived  at  the  time  I 
did;  an  idea,  I  confess,  the  more  necessary  for  the  situa 
tion  of  my  mind,  as  I  most  heartily  lamented  the  shortness 
of  this  visit  to  America,  and  the  obligation  I  had  been 
under  to  give  up  favorite  plans,  and  break  off  more  agree 
able  arrangements.  The  officers  of  the  regiments  under 
marching  orders,  Colonels  excepted,  have  joined  their 
corps.  But  I  hope  matters  will  be  compromised  ;  and 
such  at  least  is  my  private  opinion  ;  but  even  they,  who 
know  more  than  I  do  on  the  subject,  would,  perhaps,  find 
it  difficult  to  form  a  precise  one. 

The  Ministers  of  Congress  will,  no  doubt,  inform  you  of 
the  situation  of  their  negotiations  in  Europe.  You  will 
have  seen  M.  de  Castine's  compliance  with  engagements. 
He  had  taken  a  letter  to  me,  which  Mr  Morris  laid  before 
Congress.  Nothing  new  was  granted,  and  although  the 
suspended  decisions  about  flour  and  sugars  were  favorable 
to  them,  the  French  merchants  have  complained  of  what, 
has  been  obtained.  In  every  country,  mercantile  pre 
judices  wear  off  by  little  and  little. 

I  bea;,  my  Dear  Sir,  you  will  forgive  the  hurry  in  which 
I  write.      Be  pleased  to  remember  me  to  all  our  friends. 
1  have  the  honor  to  he,  8cc. 

LAFAYETTE. 


50  LAFAYETTE. 

TO    JOHN    JAY. 

Paris,  March  19th,  1785, 
Dear  Sir, 

I  have  been  honored  with  your  letter  of  January  the 
19th,  and  am  happy  to  hear  that  federal  ideas  are  thriving 
in  America.  The  more  I  see,  hear,  and  think  in  Europe, 
the  more  I  wish  for  every  measure  that  can  ensure  to  the 
United  States,  dignity,  power,  and  public  confidence. 
Your  three  Ministers  being  in  Paris,  they  will,  of  course, 
acquaint  you  with  the  present  state  of  America,  and  also 
of  European  politics.  Great  Britain  perseveres  in  her  ill- 
humor.  Spain  in  her  ill-understood  policy.  On  my  ar 
rival,  I  repeated  what  I  had  written  ;  namely,  the  idea 
of  getting  New  Orleans,  or  at  least  to  advise  the  Span 
iards  to  make  it  a  free  port.  The  former  is  impossible. 
As  to  the  second,  I  had  no  positive  answer,  but  1  am 
sure  my  opinion  was  not  thrown  away.  However,  1  con 
fess  it  is  difficult  to  make  converts  of  a  Spanish  cabinet. 
You  know  them  better  than  I  do. 

Negotiations  in  Europe  are  still  going  on,  and  there 
is  every  reason  to  hope  this  will  he  terminated  without 
bloodshed.  Enclosed  you  will  find  a  declaration,  which 
has  been  published  officially  in  some  measure,  in  the  Ley- 
den  Gazette.  Count  de  Maiilebois  is  now  in  Holland, 
where  they  are  raising  troops,  and  where  parties  run  very 
high.  In  the  meanwhile,  the  Emperor  had  another  plan 
in  view,  of  which  I  wrote  to  you  in  my  last  letters ;  it  was 
to  exchange  his  dominions  in  the  Low  Countries  for  the 
Electorate  of  Bavaria.  But,  fortunately  for  all  the  mem 
bers  of  the  empire,  the  Duke  of  Deux  Fonts,  nephew 
and  heir  to  the  Elector,  has  firmly  opposed  it.  A  report 


DIPLOMATIC  CORRESPONDENCE.  51 

had  been  spread,  that  the  Emperor  had  intended  to  sur 
prise  Maestricht.  But  although  matters  are  not  yet  finally 
settled,  I  am  pretty  certain  there  will  not  be  this  year 
any  Dutch  war,  nor  Bavarian  war,  both  of  which  could 
not  fail  to  involve  France.  It  is,  however,  difficult  to  be 
decided  in  an  opinion  upon  a  matter,  which  the  ideas  of 
one  man  may  derange. 

You  speak  to  me  of  the  introduction  of  flour  in  the 
West  Indies.  My  wishes  and  my  efforts  are  not  unknown 
to  you.  But  such  clamors  have  been  raised  by  the 
merchants  against  what  we  lately  have  obtained,  that  our 
efforts  now,  must  be  directed  towards  holding  it  fast. 
Those  people  are  encouraged  by  the  narrow  politics  of 
England,  who,  say  they,  have  nil  thu  trade  of  America.  I 
have  appointed  a  conference  with  the  Due  de  la  Vau- 
guyon,  who  is  setting  out  for  Spain,  and  I  will  tell  him 
everything  1  know  respecting  the  Mississippi. 

Your  Ministers  will,  probably,  write  to  you  respecting 
the  Algerine  business.  What  information  I  can  collect 
will  be  presented  to  them. 

I  have  the  honor  to  be,  &c. 

LAFAYETTE. 

TO    JOHN    JAY. 

Paris,  May  llth,  1785. 
Dear  Sir, 

This  opportunity  being  very  sale,  Congress  will  have 
been  fully  informed  by  their  Minister  and  the  bearer,  Mi- 
John  Adams's  son,  who  is  himself  very  well  fit  to  give 
them  proper  intelligence. 

The  appearances  of  a  war  are  mote  and  more  remote. 
Politicians  do,  however,  look  towards  the  Ottoman  Empire. 


52  LAFAYETTE. 

The  Emperor  is  restless.  The  Empress  of  Russia  is  am 
bitious  ;  the  King  of  Prussia  is  old  ;  a  King  of  the  Romans 
is  to  be  elected  ;  an  arrangement  for  Bavaria,  a  reason  or 
a  pretence,  an  interest  or  a  whim  might  set  fire  to  com 
bustible  matters  ;  but  it  is  not  expected  for  the  present. 

As  it  seems  to  me  that  favors  granted  to  American  im 
portations  are  one  of  the  best  services  that  can  be  rendered 
to  American  trade,  I  wish  it  had  been  possible  to  obtain  a 
total  abolition  of  duties  upon  whale  oil.  But  in  this  mo 
ment  government  are  taken  up  with  a  scheme  to  revive 
that  fishery  in  France.  It  was  therefore  necessary  to 
follow  a  round  about  course,  and  Mr  Adams  is  charged 
with  some  private  proposals,  which  may  be  advantageous. 

In  a  few  days  I  intend  visiting  Nismes,  Montpellier,  and 
Rochelle,  which  are  manufacturing  and  trading  towns.  I 
hope  my  little  journey  may  not  be  quite  useless  ;  after 
which  1  shall  go  to  Berlin  and  Silesia,  to  Vienna  and  Bo 
hemia,  where  the  King  of  Prussia,  and  the  Emperor,  at 
several  periods  of  the  summer,  have  grand  manoeuvres  ex 
ecuted  by  their  troops.  Should  I  in  those  visits  find  the 
least  opportunity  to  gratify  my  zeal  for  the  United  States, 
I  should  think  myself  more  happy  than  1  can  expect,  and 
as  much  so  as  your  patriotic  heart  can  feel. 

With  the  most  sincere   regard  and  affection,  I  have  the 

honor  to  be,  &,c. 

LAFAYETTE. 


TO    JOHN    JAY. 

Vienna,  September  6th,  1785. 
Dear  Sir, 

The  enclosed  is  a  Memorial  in  behalf  of  M.  d'Argayna- 
rats,  which  has  been  recommended  to  me  by  persons  of  the 


DIPLOMATIC  CORRESPONDENCE.  53 

most  respectable  character.  It  seems  M.  d'Argaynarat's 
situation  is  very  particular,  and  the  distress  of  himself  and 
family  very  urgent.  As  in  the  number  of  petitions  that 
may  be  received,  it  is  not  possible  for  Congress  to  be  ac 
quainted  with  the  family  affairs  of  individuals,  I  hope  it  is 
not  improper  for  me  to  lay  before  them  this  particular 
case  ;  and  while  it  is  officially  presented  by  others,  not  to 
withhold  my  certificate  of  the  accounts  which  respectable 
characters  have  given  me  about  M.  d'Argaynarat's  present 
distresses. 

With  the  highest  and  most  affectionate   regard,  I  have 

the  honor  to  be,  &tc. 

LAFAYETTE. 

TO    JOHN    JAY. 

Paris,  February  llth,  1786. 
Dear  Sir, 

I  have  not  for  a  long  time  had  the  honor  to  address 
you,  either  in  public  or  private  letters.  This  has  been 
owing  to  a  tour  I  made  through  several  parts  of  Europe, 
and  to  a  derangement  in  the  packets,  which,  to  my  great 
concern,  I  found  to  have  taken  place  during  my  absence. 

In  the  course  of  a  journey  to  Prussia,  Silesia,  the  Aus 
trian  dominions,  and  back  again  to  Berlin,  I  could  not  but 
have  many  opportunities  to  improve  myself  by  the  inspec 
tion  of  famous  fields  of  battle,  the  conversation  of  the 
greatest  Generals,  and  the  sight  of  excellent  troops  ;  those 
of  Prussia  particularly  exceeding  my  expectations.  I  had 
occasions  not  less  numerous  to  lament  the  folly  of  nations, 
who  can  bear  a  despotic  government,  and  to  pay  a  new 
tribute  of  respect  and  attachment  to  the  constitutional  prin 
ciples  we  had  the  -happiness  to  establish.  Wherever  I 
went,  America  was  of  course  a  topic  in  the  conversation. 


54  LAFAYETTE. 

Her  efforts  during  the  contest  are  universally  admired  ; 
and  in  the  transactions,  which  have  so  gloriously  taken 
place,  there  is  a  large  field  of  enthusiasm  for  the  soldier,  of 
wonder  and  applause  for  the  politician  ;  and  to  the  philos 
opher,  and  the  philanthropist,  they  are  a  matter  of  un 
speakable  delight,  and  I  could  say  of  admiration.  Those 
sentiments  I  had  the  pleasure  to  find  generally  diffused. 
But  to  my  great  sorrow,  (and  I  will  the  more  candidly  tell 
it  in  this  letter,  as  it  can  hurt  none  more  than  it  hurts  my 
self,)  I  did  not  find  that  every  remark  equally  turned  to  the 
advantage  of  my  pride,  and  of  that  satisfaction  I  feel  in  the 
admiration  of  the  world  for  the  United  States. 

In  countries  so  far  distant,  under  constitutions  so  foreign 
to  republican  notions,  the  affairs  of  America  cannot  be 
thoroughly  understood,  and  such  inconveniences  as  we 
lament  ourselves  are  greatly  exaggerated  by  her  enemies. 
It  would  require  almost  a  volume  to  relate  how  many  mis 
taken  ideas  I  had  the  opportunity  to  set  to  rights.  And  it 
has  been  painful  for  me  to  hear,  it  is  now  disagreeable  to 
mention,  the  bad  effect  which  the  want  of  federal  union, 
and  of  effective  arrangements  for  the  finances  and  com 
merce  of  a  general  establishment  of  militia  have  had  on  the 
minds  of  European  nations.  It  is  foolishly  thought  by 
some,  that  democratical  constitutions  will  not,  cannot,  last, 
that  the  States  will  quarrel  with  each  other,  that  a  King, 
or  at  least  a  nobility,  are  indispensable  for  the  prosperity 
of  a  nation.  But  I  would  not  attend  to  those  absurdities, 
as  they  are  answered  by  the  smallest  particle  of  unpreju 
diced  common  sense,  and  will,  I  trust,  be  forever  destroyed 
by  the  example  of  America.  But  it  was  impossible  for 
me  to  feel  so  much  unconcerned,  when  those  points  were 
insisted  upon,  for  which  I  could  not  but  acknowledge 


DIPLOMATIC  CORRESPONDENCE.  55 

within  myself  there  was  some  ground  ;  although  it  was  so 
unfairly  broached  upon  by  the  enemies  of  the  United 
States.  It  is  an  object  with  the  European  governments  to 
check  and  discourage  the  spirit  of  emigration,  which,  I 
hope,  will  increase  among  the  Germans,  with  a  more  per 
fect  knowledge  of  the  situation  of  America.  And  while  t 
was  enjoying  the  admiration  and  respect  of  those  parts  of 
the  world  for  the  character  of  the  United  States  ;  while  I 
was  obliged  to  hear  some  remarks,  which,  although  they 
were  exaggerated,  did  not  seem  to  me  quite  destitute  of  a 
foundation,  I  heartily  addressed  my  prayers  to  heaven, 
that  by  her  known  wisdom,  patriotism,  and  liberality  of 
principles,  as  well  as  firmness  of  conduct,  America  may 
preserve  the  consequence  she  has  so  well  acquired,  and 
continue  to  command  the  admiration  of  the  world. 

What  I  now  have  the  honor  to  write,  is  the  result  of 
conversations  with  the  principal  characters  in  the  countries 
I  have  visited ;  and  particularly  the  Austrian  and  Prussian 
Ministers,  the  Emperor,  Duke  of  Brunswick,  Prince 
Henry,  a  man  equally  great  and  virtuous,  the  Prince 
Royal,  and  the  King  of  Prussia.  With  the  last  I  have 
often  dined  in  the  company  of  the  Duke  of  York,  second 
son  to  his  Britannic  Majesty,  when  American  affairs  past 
and  present  were  brought  on  the  carpet,  and  sometimes 
in  a  manner  not  a  little  embarrassing  for  an  English  Prince. 
My  stay  at  Vienna  was  short,  but  I  had  a  very  long  con 
ference  with  the  Emperor,  in  which  we  spoke  much  of 
the  American  trade,  and  I  found  he  had  imbibed  British 
prejudices.  The  next  day  Prince  de  Kaunitz  introduced 
the  same  subject  to  me,  and  expressed  some  astonishment, 
that  the  United  States  did  not  make  advances  towards  the 
Emperor.  I  answered,  advances  had  been  made  formerly, 


56  LAFAYETTE. 

and  more  than  were  necessary  on  the  part  of  America, 
whom  there  was  as  much  occasion  to  court,  as  for  her  to 
seek  for  alliances.  But  that  my  attachment  to  his  Imperial 
Majesty  made  me  wish  he  would  address,  on  that  business, 
the  Ministers  of  Congress,  now  at  Paris  and  London, 
through  the  medium  of  his  Ambassadors.  I  added,  that 
the  best  measure  to  be  taken  immediately,  was  to  open 
the  Italian  ports  to  American  fish.  But  ]  do  not  think  the 
United  States  will  ever  find  a  very  extensive  commercial 
benefit  in  her  treaties  with  that  Court. 

In  everything  that  concerns  France,  my  respected  friend 
Mr  Jefferson  will  give  you  sufficient  information.  The 
affair  of  American  commerce  wears  a  better  prospect  than 
it  has  hitherto  done  ;  so  far  at  least,  that  a  committee  has 
been  appointed  to  hear  what  we  have  to  say  on  the  trade 
between  this  kingdom  and  the  United  States. 

The  King  of  Prussia  is  ver^  unwell,  and  cannot  live 
many  months.  His  nephew  is  an  honest,  firm,  military 
man.  From  the  Emperor's  temper  a  war  could  be  feared. 
But  our  system  is  so  pacific,  and  it  will  be  so  difficult  for 
England  to  involve  us  in  a  quarrel  without  acting  n  part 
which  she  has  no  interest  to  do,  that  I  do  not  think  the  tran 
quillity  of  Europe  will  be  deranged.  Holland  is  checking 
Stadtholderian  influence,  but  no  further.  The  King  of 
Naples  and  his  father  are  quarrelling  on  account  of  a  Min 
ister,  leaning  to  the  House  of  Bourbon,  and  devoted  to 
other  powers,  whom  the  son  wants  to  keep.  I  had  lately 
an  opportunity  to  know,  that  the  last  revolt  in  Peru  has 
lost  a  hundred  thousand  lives ;  but  from  the  same  account 
I  find  that  those  people  are  far  remote  from  the  ideas 
which  lead  to  a  sensible  revolution. 
I  have  the  honor  to  be,  fee. 

LAFAYETTE. 


DIPLOMATIC  CORRESPONDENCE.  57 

TO    JOHN    JAY. 

Paris,  Octobftr  28th,  1786. 
Dear  Sir, 

Owing  to  several  circumstances,  and  particularly  to  a 
journey  I  have  made  through  some  garrison  towns,  your 
favor  of  June  the  16th  has  reached  me  very  late.  That 
there  should  remain  the  least  doubt  with  M.  Gardor-jui  re 
specting  the  adoption  of  the  English  limits,  is  a  matter  of 
amazement  to  me.  The  original  letter  having  heen  sent 
1  herewith  enclose  a  copy,  with  a  lew  observations.  I 
think  its  presentation  to  !\1.  Gardoqui,  will  the  better  con 
vince  him,  as  ho  knows  Count  do  Florida  Blanca's  respect 
for  his  own  word  o(  honor.  And  may  I  be  allowed  to 
add,  that  the  more  this  letter  is  known,  the  better  it  will 
impress  the  public  with  ideas  favorable  to  the  Spaniards, 
and  the  Spaniards,  with  u  sense  of  engagements,  which 
men  of  honor  cannot  trifle  with.* 

As  to  the  navigation  of  the  Mississippi,  you  know  better 
than  I  vvhai  are  the  strong  prejudices  of  that  Court  against 
it.  Rut  wo  both  know  equally  well,  Unit  in  a  little  time 
we  must  have  the  navigation  one  way  or  other,  which  1 
hope  Spain  may  at  Inst  understand. 

It  has  been  ^aid  in  some  newspapers,  that  the  Floridas 
should  be  given  up  to  France.  Rut  nothing  has  come  to 
our  knowledge,  which  (zivtjs  the  least  ground  for  an  idea 
of  that  kind.  As  Mr  Jefferson  sends  you  a  letter  relative 
to  commerce,  which  improves  the  condition  of  the  treaty 
with  England,  whereby  she  has  no  claims  on  the  favors 
enjoyed  by  the  United  States,  although  she  is  to  be  treated 

*  See  these  letters  to  and  from  Count  de  Florida  Blanca.  above, 
pp.  M,  32. 

VOL.     X.  S 


58  LAFAYETTE. 

like  the  other  most  favored  nations,  and  as  M.  Dumas  is 
writing  on  Dutch  affairs,  I  will  only  beg  leave  to  inform 
you,  that  the  appointment  of  the  convention  has  had 
already  a  good  effect  in  Europe,  and  that  great  benefit  will 
be  derived  on  this  side  of  the  water  also,  from  the  com 
rnercial  and  federal  measures,  which  it  is  my  happiness  to 
hear  are  now  under  consideration. 

Although  there  may  be  a  diversity  of  opinions,  whether 
a  peace  must  be  purchased  at  any  rate  from  the  Barbary 
Powers,  or  a  war  must  be  carried  on  against  them  until 
they  come  to  proper  terms,  there  can  in  no  mind  be  any 
doubt  about  the  advantages  of  a  third  measure,  which  is  a 
confederacy  of  six  or  seven  powers,  each  of  them  giving 
a  small  quota,  and  the  reunion  of  which  would  ensure  a 
constant  and  sufficient  cruise  against  those  pirates,  and 
after  they  are  brought  to  terms,  would  guard  against  the 
breaking  of  a  peace  which  the  powers  would  mutually 
guarranty  to  each  other.  Portugal,  Tuscany,  Naples, 
Venice,  and  Genoa,  are  now  at  war  with  those  regencies. 
I  would  like  at  the  same  time  to  have  the  armament  so 
managed  as  to  use  American  flour,  fish,  and  naval  stores. 
This  plan  is  not  as  yet  very  well  digested  in  my  head,  but 
I  beg  leave  to  submit  to  Congress  the  propriety  of  irnpow- 
ering  their  Ministers  to  stipulate  for  such  an  arrangement. 
I  have  the  honor  to  be,  &tc. 

LAFAYETTE. 

P.  8.  In  case  Congress  have  no  particular  orders  for 
me,  (in  which  case  I  should  be  most  happy  to  wait  on 
them,  either  as  a  soldier  in  their  armies,  or  in  any  other 
manner)  I  may  perhaps  accept  the  invitation  of  the  Em 
press  of  Russia,  to  be  presented  to  her  next  spring  in  her 


DIPLOMATIC  CORRESPONDENCE.  59 

new  dominions  of  Crimea,  which  excite  ray  curiosity. 
Should  anything  turn  out  that  may  employ  me  as  a  servant 
of  the  United  States,  I  hope  they  know  my  zeal. 


TO  JOHN  JAY. 

Paris,  February  7th,  1787. 
Dear  Sir, 

This  letter  goes  in  the  first  packet  from  Havre,  a  change 
advantageous  both  to  passengers  and  correspondents,  and 
through  the  hands  of  Colonel  Franks,  whose  good  conduct 
at  Morocco  has  entitled  him  to  a  share  of  that  respect, 
which  has  been  deservedly  paid  to  the  American  Em 
bassy.  Mr  Barclay's  refusal  of  the  presents  has  been  a 
matter  of  wonder  to  every  African,  and  I  dare  say  to 
some  Europeans,  whose  accounts  do  full  justice  to  him. 

To  Mr  Jefferson's  despatches  I  refer  for  useful  intel 
ligence.  The  affairs  of  Holland  do  not  make  a  pro 
gress  towards  conciliation.  It  seems  that  the  King  of 
Prussia  will  not  find  himself  the  better  for  counteracting 
in  many  points,  the  line  of  conduct  of  his  deceased  uncle. 
A  treaty  of  commerce  is  signed  between  France  and  Rus 
sia.  The  Empress  has  set  out  on  her  journey  towards 
Crimea.  She  had  permitted  my  waiting  on  her,  but  I  am 
detained  by  the  Assembly  of  Notables,  an  event  not  very 
common,  neither  expected,  which  does  honor  to  the  King 
and  his  Ministry,  and  will,  1  trust,  be  productive  of  public 
good. 

I  have  had  the  honor  to  send  copies  of  my  old  corres 
pondence  with  the  Count  de  Florida  Blanca.  The  en 
closed  one  will  supply  any  accident  that  may  have  befallen 
the  others.  We  are  told,  that  the  unhappy  disturbances 


60  LAFAYETTE. 

in  New  England  have  subsided.  To  us  they  do  not  ap 
pear  so  dangerous  as  to  Europeans ;  but  sufficiently  so  to 
give  us  a  great  deal  of  concern.  May  all  Americans  know 
the  blessings  of  their  own  constitutions,  and  from  compar 
ison  judge,  that  if  they  are  to  correct,  it  would  be  mad 
ness  in  them  to  destroy. 

I  hope  the  convention  at  Philadelphia  will  answer  the 
essential  and  urgent  purposes  of  the  confederation,  com 
merce,  and  the  establishment  of  a  uniform  and  republican 
militia.  Each  State  has  within  itself  the  means  fully  suf 
ficient  to  set  right  the  opinions  of  mistaken  citizens,  and 
those  means  seem  to  IDG  principally  founded  on  the  good 
sense,  knowledge,  and  patriotic  liberality  of  the  people. 
Every  wrong  measure  of  theirs  would  hurt,  not  only  the 
consequence  of  the  United  States,  but  also  the  cause  of 
liberty  in  all  parts  of  the  world. 

With  the  most  sincere  regard  and  attachment,  I  have 
the  honor  to  be,  &tc. 

LAFAYETTE. 


TO    JOHN    JAY. 

Paris,  May  3d,  1787, 
My  Dear  Sir. 

Had  I  been  sooner  acquainted  with  Mr  Forrest's  de 
parture,  I  would  have  given  you  more  particular  ac 
counts  of  the  latter  part  of  our  session,  but  have  only 
time  to  enclose  the  speeches  that  were  made  by  the 
heads  of  the  several  departments.  Not  that  such 
etiquette  speeches  are  in  any  way  interesting  on  the 
other  side  of  the  Atlantic,  but  because  you  will  in  the 
same  book  find  that  of  the  Archbishop  of  Toulouse, 


DIPLOMATIC  CORRESPONDENCE.  b\ 

wherein  he  gives  the  King's  answer  to  the  several  de 
mands  of  the  Bureau.     You  will  see,  that  if  the  mad 
ness  and  corruption    ol    the    late    administration  have 
laid  us  under  a  necessity  to  acknowledge  that,  after  all 
other  means  would  be  exhausted,   taxes   must  be  em 
ployed  to  fill  up  the  vacancy,  yet   we  have  gained  not 
a  little  by  the  convocation  of  the  Assembly.     A  more 
equal  repartition  of  taxes,  including  the   clergy,  who 
hitherto  had    escaped    them,  and    the   powerful   ones 
among  the  noblesse,  who  were  not  very  exact ;  Provin 
cial  Assemblies  on  an  elective  principle,  which,  by  the 
bye,  are  big  -with   happy,    very   happy   consequences, 
that  will  come  to  light  as  we  go  on  ;  economies  to  the 
amount  of  forty  millions    at   least  ;  the   destruction   of 
interior  custom  houses ;  a  modification  of  the  Gabelle  ; 
an  annual  publication  of  the  account'  of  the  finances; 
the  printing  of  all    pensions,   gifts,  &c. ;  more   proper 
arrangements   within  some  departments  ;  and  a  more 
general  instruction,  habit  of  thinking  on  public  affairs, 
&c.  &c.  are  the  good  effects  of  this  Assembly,  which, 
.although  it  was  not  national,  since  we  were  not  repre 
sentatives,   behaved    with    great   propriety    and   patri 
otism. 

On  the  last  day  of  our  session,  I  had  the  happiness 
to  carry  two  motions  in  my  Bureau  which  were,  I 
may  almost  say,  unanimously  agreed  to  ;  the  one  in 
favor  of  the  Protestant  citizens  of  France,  the  other 
for  an  examination  of  the  laws,  particularly  the  crim 
inal  ones.  Enclosed  is  the  resolve  framed  by  the  Bu 
reau,  which  Count  D'Artois,  our  President,  presented 
to  the  King,  and  was  graciously  received.  I  was  the 
more  pleased  with  it,  as  some  step  of  the  kind,  with 


62  LAFAYETTE. 

respe^J,  to  the  protestants,  that  had  been  tried  in  the 
Parliament  of  Paris,  had  not  the  proper  success.  So 
far  are  we  from  religious  freedom,  that  even  in  asking 
for  tolerance,  we  must  measure  our  expressions.  I 
was  more  liberally  supported,  by  a  learned  and  virtu 
ous  prelate,  the  bishop  of  Langres,  who  spoke  admira-' 
bly  on  the  religious  motion  I  had  introduced.  You 
will  see  that  the  Bureau  clogged  it  with  many  compli 
ments  to  the  Roman  creed,  to  appease  the  priests  and 
devotees. 

I  cannot  express  to  y@u,  my  Dear  Sir,  what  my 
feelings  have  been,  whenever  the  unpaid  interest  of 
the  American  debt  has  been  spoken  of  in  the  examin 
ation  of  the  accounts.  May  the  convention  be  the 
happy  epocha  of  federal,  energetic,  patriotic  measures  ! 
May  the  friends  of  America  rejoice  !  May  her  ene 
mies  be  humbled,  and  her  censors  silenced  at  the  news 
of  her  noble  exertions  in  continuance  of  those  princi 
ples,  which  have  placed  her  so  high  in  the  annals  of 
history,  and  among  the  nations  of  the  earth. 

The  archbishop  of  Toulouse  is  the  ablest,  and  one  of 
the  most  honest  men,  that  could  be  put  at  the  head  of 
administration.  He  will  be  the  prime  influencer  in 
everything,  and  we  may  depend  upon  him  as  a  man 
equally  enlightened  and  liberal. 

I  beg  you  will  present  my  respectful  compliments 
and  those  of  Madame  tie  Lafayette  to  Mrs  Jay.  Re- 
raember  me  to  General  Knox,  Colonel  Hamilton, 
Colonel  Wadsworth,  the  Chancellor,  Mr  Madison. 
Doctor  Cochran,  the  Governor,  in  a  word,  to  all 
friends. 

Please    send     the    enclosed    printed    speeches,    and 


DIPLOMATIC  CORRESPONDENCE.  G3 

copied  resolves  of  the  Bureau,  to  Mr   Otho,  vvh^  must 
be  very  desirous  of  getting  them. 

Most  respectfully  and  affectionately  yours, 

LAFAYETTE. 


TO    JOHN    JAY. 

Paris,  October  15th,  1787. 
Sir, 

The  present  state  of  politics  having  been  laid  before 
Congress,  I  shall  the  less  intrude  on  their  time  with  repe 
titions,  as  the  late  transactions  in  Holland  have  nothing 
pleasing  to  dwell  upon.  That  the  republican  party  have 
been  disunited  in  many  respects,  and  blinded  in  the  choice 
of  a  General,  that  our  cabinet  have  been  treacherously  de 
ceived,  are  true,  but  insufficient  apologies.  The  Otto 
mans,  roused  by  England,  will,  probably,  pay  for  their 
folly  with  one  half  of  their  empire.  It  now  lies  with  Eng 
land,  whether  a  maritime  war  is  to  break  out,  which  must 
involve  the  continent,  and  conriect  France  with  the  two 
Imperial  Courts.  France  is  sincere  in  her  politics  and 
moderate  in  her  pretensions,  as  it  is  the  ardent  wish  of  the 
King,  Ministers,  and  nation,  to  devote  themselves  to  in 
ternal  improvements.  But  the  affairs  of  Holland,  those  in 
the  east,  the  giddiness  of  the  King  of  Prussia's  head,  and 
British  rancor  for  the  assistance  given  to  America,  are 
causes  of  war,  which,  notwithstanding  the  disposition  of 
this  Ministry,  may,  probably,  be  blown  up  in  Great 
Britain. 

It  is  natural  for  a  citizen  and  servant  of  the  United 
States  to  consider  what  effect  a  maritime  war  would  have 
upon  them  ;  and  I  am  happy  to  find  in  their  indulgence 


64  LAFAYETTE. 

and  long  experienced  confidence,  every  encouragement  to 
offer  my  opinion. 

A  co-operation  against  a  proud  and  rancorous  enemy 
would  equally  please  my  politics  as  a  Frenchman,  my 
leelings  as  ;m  American,  my  views  as  an  individual.  I 
\vas  nine  years  ago  honored  with  the  choice  of  Congress,  to 
command  an  army  into  Canada,  and  never  have  I  ceased 
to  enjoy  the  prospect  of  its  enfranchisement.  A  success 
ful  war,  too,  might  divide  the  fisheries  hetweeri  France  and 
America.  But  are  not  tho  United  States  so  circum 
stanced  for  the  present,  as  to  render  a  war  too  expensive 
for  them  and  too  dangerous  to  their  commerce  ? 

Convinced  as  I  am,  that  it  is  (he  case,  I  think  myself 
hound  in  duty  and  love  for  them,  not  to  indulge  my  am 
bition  further  than  a  neutrality  useful  to  them  r.nd  favor 
able  to  their  allies.  Every  American  harbor  will  offer  a 
shelter  for  the  French  ships,  a  market  for  their  prizes,  and 
all  the  conveniences  of  repair  and  victualling  ;  all  which 
being  consistent  with  treaties  gives  no  ground  of  complaint. 
Although  the  trade  is  going  on  between  England  and  Amer 
ica,  it  does  not  hinder  the  French  Colonies  from  being 
supplied  with  all  their  wants.  Privateering  itself,  if  under 
French  colors,  does  no  harm  ;  and  so  may  the  United 
States  enrich  themselves  with  a  free  trade  wiih  both 
nations,  at  the  same  time  that  they  maintain  their  own 
tranquillity  and  help  their  allies.  And  should  they  be 
forced  into  a  war,  1  would  wish  at  least  it  was  delayed  as 
long  as  possible,  and  postponed,  for  obvious  reasons,  to  the 
last  campaign. 

It  is  to  be  confessed,  that  France  might  lay  some  claims 
on  more  decisive  measures,  but  sensible  as  she  is  of  the 
unavoidable  situation  of  affairs  in  America,  I  have  reasons 


DIPLOMATIC  CORRESPONDENCE.  55 

to  believe  she  would  not  hurry  her  into  a  war,  arid  will  be 
satisfied  with  such  a  friendly,  helping  neutrality. 

But  I  consider  the  present  time  as  a  proper  one  to  ob 
tain  the  restoration  of  the  forts,  and,  perhaps,  the  naviga 
tion  of  the  Mississippi,  two  points,  which  I  confess  I  could 
never  submit  to  the  idea  of  giving  up.  The  one  is 
ours*  by  the  laws  of  nations,  the  other  by  the  laws  of 
nature ;  and  may  I  be  permitted  to  add,  that  either  con 
cession  would  be  inconsistent  with  the  character  of  the 
United  States. 

Mr  Jefferson  gives  an  account  of  the  measure  taken 
respecting  the  commerce  between  this  kingdom  and  Amer 
ica.  I  wish  that  affair  had  been  terminated  in  time  for  the 
departure  of  Count  do  Mourtier,  a  gentleman  whose  per 
sonal  character  will,  I  trust,  deserve  the  confidence  and 
approbation  of  Congress. 

We  arc  anxiously  waiting  lor  the  result  of  the  conven 
tion  at  Philadelphia,  as  an  event  which,  being  engrafted  in 
the  present  dispositions  of  the  people,  will,  probably,  add  a 
lustre  and  a  proper  weight  to  the  affairs  of  America  in 
Europe ;  and,  whilo  it  ensures  internal  happiness  and 
prosperity,  will  hafllo  the  insidious  wishes,  and  annihilate 
the  absurd  reports  of  her  enemies. 

The  next  month  is  the  appointed  time  for  the  sessions 
of  all  Provincial  Assemblies,  an  establishment,  which 
will  be  productive  of  the  best  consequences. 

The  liberty  1  have  taken  in  expressing  my  opinion  on 
an  event  not  certain,  but  not  improbable,  cannot  be  re 
ferred,  I  am  sure,  to  any  principles  of  vanity  or  self-sufli- 

'"  It  must  be  remembered,  that   in  these  letters  General  Lafayette 
always  speaks  of  himself  as  an  American. 
VOL.   X.  0 


66  LAFAYETTE. 

ciency  5  but  to  the  gratitude  so  well  grounded,  and  the  zeal, 
.  which  shall  ever  rank  me  among  the  most  devoted  servants 
of  the  United  States. 

With  every  sentiment  of  personal   attachment  and  re 
gard,  I  have  the  honor  to  be,  &ic. 

LAFAYETTE. 


CORRESPONDENCE 


OF    THE 


COMMISSIONERS 


FOR  NEGOTIATING  A  PEACE  WITH  GREAT  BRITAIN. 


As  early  as  September  27th,  1779,  John  Adams  was 
appointed  by  Congress  Minister  Plenipotentiary  for  nego 
tiating  a  treaty  of  peace  and  commerce  with  Great  Britain, 
whenever  that  power  should  be  prepared  to  acknowledge 
the  independence  of  the  United  States,  and  enter  into  a 
treaty.  Mr  Adams  went  to  Europe  on  this  mission,  but  as 
no  opportunity  occurred  for  putting  it  into  execution,  he 
received  another  appointment  as  Minister  to  Holland. 

Meantime  Congress,  on  the  14th  of  June,  1781,  annulled 
Mr  Adams's  first  commission  for  negotiating  a  treaty,  and 
associated  with  him  four  other  persons  for  this  purpose, 
namely,  Benjamin  Franklin,  John  Jay,  Henry  Laurens, 
and  Thomas  Jefferson.  To  these  five  commissioners,  or 
to  a  majority  of  them,  or  any  one  of  them  alone,  in  case 
accident  prevented  the  presence  of  the  others,  was  assigned 
the  power  of  making  a  treaty  of  peace  with  such  commis 
sioners,  as  should  be  appointed  for  the  same  object  on  the 
part  of  the  English  Court.  Richard  Oswald  was  the  Bri 
tish  Commissioner.  He  went  to  Paris  in  the  Spring  of 
1782,  and  commenced  the  negotiation  with  Dr  Franklin, 
who  was  then  the  only  one  of  the  American  Commission 
ers  present.  Mr  Jay  arrived  in  Paris  from  Spain  on  the 
23d  of  June,  and  united  with  Dr  Franklin  in  the  labors  of 
the  mission.  As  Mr  Adams  was  then  employed  in  com 
pleting  a  treaty  with  Holland,  he  did  not  join  his  colleagues 


70 

till  near  the  end  of  October.  The  Provisional  articles 
were  signed  on  the  30th  of  November.  Mr  Laurens  was 
present  at  the  signature  of  the  treaty,  having  arrived  only 
two  clays  previous  to  that  event.  Mr  Jefferson  did  not  en 
gage  in  the  mission. 

Adams,  Franklin,  and  Jay  remained  in  Paris  after  the 
signature  of  the  preliminary  articles,  as  Commissioners  for 
making  a  Definitive  Treaty.  The  English  government  sent 
David  Hartley  to  Paris  for  the  same  purpose.  Many  pro 
positions  passed  between  the  Commissioners  of  the  respec 
tive  countries,  but  after  ten  months'  fruitless  discussion,  the 
Definitive  Treaty  was  signed  in  the  exact  words  of  the 
Provisional  Articles,  on  the  3d  of  September,  1783. 

As  the  Commissioners  corresponded  singly  with  the 
Secretary  of  Foreign  Affairs,  and  the  President  of  Con 
gress,  during  the  whole  period  of  the  negotiation,  they 
wrote  but  few  letters  in  concert.  The  records  of  the 
Commissioners,  kept  by  their  Secretary,  have  also  been 
lost.  Nearly  all  the  papers,  which  have  much  value,  have 
been  found  and  arranged  for  the  present  publication,  but 
there  are  yet  some  deficiencies.  The  history  of  the  nego 
tiation  can  only  be  understood  by  reading  carefully,  in  con 
nexion  with  these  papers  and  letters,  the  correspondence 
of  each  of  the  Commissioners  during  the  same  period. 


CORRESPONDENCE 

OF    THE 

COMMISSIONERS 

FOR   NEGOTIATING  A   PEACE  WITH    GREAT  BRITAIN 


COMMISSION    TO    TREAT    OF    PEACE. 

The  United  States  of  America,  in  Congress  assembled, 
to  all  to  whom  these  presents  shall  come,  send  greeting. 

Whereas,  these  United  States,  from  a  sincere  desire  of 
putting  an  end  to  the  hostilities  between  his  Most  Christian 
Majesty  and  these  United  States,  on  the  one  part,  and  his 
Britannic  Majesty  on  the  other,  and  of  terminating  the 
same  by  a  peace  founded  on  such  solid  and  equitable  prin 
ciples  as  reasonably  to  promise  a  permanency  of  the  bless 
ings  of  tranquillity,  did  heretofore  appoint  the  honorable 
John  Adams,  late  a  Commissioner  of  the  United  States  of 
America  at  the  Coiut  of  Versailles,  late  Delegate  in  Con 
gress  from  the  State  of  Massachusetts,  arid  Chief  Justice 
of  the  said  State,  their  Minister  Plenipotentiary,  with  full 
powers,  general  and  special,  to  act  in  that  quality,  to  con 
fer,  treat,  agreo,  and  conclude  with  the  Ambassadors,  or 
Plenipotentiaries,  of  his  Most  Christian  Majesty,  and  of  his 
Britannic  Majesty,  and  those  of  any  oilier  Princes  or  States, 
whom  it  might  concern,  relating  to  the  re-establishment  of 
peace  and  friendship;  and  whereas,  the  flames  of  war 


72  COMMISSIONERS  FOR  PEACE. 

have  since  that  time  been  extended,  and  other  nations  and 
States  are  involved  therein, 

Now  know  ye,  that  we,  still  continuing  earnestly  desir 
ous,  as  far  as  it  depen'ds  upon  us,  to  put  a  stop  to  the  effu 
sion  of  blood,  and  to  convince  the  powers  of  Europe,  that 
we  wish  for  nothing  more  ardently,  than  to  terminate  the 
war  by  a  safe  and  honorable  peace,  have  thought  proper  to 
renew  the  powers  formerly  given  to  the  said  John  Adams, 
and  to  join  four  other  persons  in  commission  with  him,  and 
having  full  confidence  in  the  integrity,  prudence,  and  ability 
of  the  honorable  Benjamin  Franklin,  our  Minister  Plenipo 
tentiary  at  the  Court  of  Versailles,  and  the  honorable  John 
Jay,  late  President  of  Congress,  and  Chief  Justice  of  the 
State  of  New  York,  and  our  Minister  Plenipotentiary  at 
the  Court  of  Madrid,  and  the  honorable  Henry  Laurens, 
formerly  President  of  Congress,  and  commissioned  and 
sent  as  our  Agent  to  the  United  Provinces  of  the  Low 
Countries,  and  the  honorable  Thomas  Jefferson,  Governor 
of  the  Commonwealth  of  Virginia,  have  nominated,  consti 
tuted,  and  appointed,  and  by  these  presents  do  nominate, 
constitute,  and  appoint,  the  said  Benjamin  Franklin,  John 
Jay,  Henry  .Laurens,  and  Thomas  Jefferson,  in  addition  to 
the  said  John  Adams,  giving  and  granting  to  them,  the  said 
John  Adams,  Benjamin  Franklin,  John  Jay,  Henry  Lau 
rens,  and  Thomas  Jefferson,  or  the  majority  of  them,  or  of 
such  of  them  as  may  assemble,  or,  in  the  case  oi  the  death, 
absence,  indisposition,  or  other  impediment  of  the  others, 
to  any  one  of  them,  full  power  and  authority,  general  and 
special,  conjunct!}'  and  separately,  and  genera!  and  special 
command  to  repair  to  such  place  as  may  be  fixed  upon  for 
opening  negotiations  for  peace,  and  there  for  us,  and  in  our 
name,  to  confer,  treat,  agree,  and  conclude  with  the  Am- 


DIPLOMATIC  CORRESPONDEI\7CE.  73 

bassadors,  Commissioners,  and  Plenipotentiaries  of  the 
Princes  and  States,  whom  it  may  concern,  vested  with 
equal  powers  relating  to  the  establishment  of  peace,  arid 
whatsoever  shall  be  agreed  and  concluded  for  us,  and  in 
our  name  to  sign  and  thereupon  make  a  treaty  or  treaties, 
and  to  transact  everything,  that  may  be  necessary  for  com 
pleting,  securing,  and  strengthening  the  great  work  of  pa 
cification,  in  as  ample  form,  and  with  the  same  effect,  as  if 
we  were  personally  present  and  acted  therein,  hereby  pro 
mising  in  good  faith,  that  we  will  accept,  ratify,  fulfil  and 
execute  whatever  shall  be  agreed,  concluded,  and  signed 
by  our  said  Ministers  Plenipotentiary,  or  a  majority  of 
them,  or  of  such  of  them  as  may  assemble,  or,  in  case  of 
the  death,  absence,  indisposition,  or  other  impediment  of 
the  others,  by  any  one  of  them  ;  and  that  we  will  never 
act,  nor  suffer  any  person  to  act,  contrary  to  the  same,  in 
whole  or  in  any  part. 

In  witness  whereof,  we  have  caused  these  presents  to  be 
signed  by  our  President,  and  sealed  with  his  seal. 

Done  at  Philadelphia,  the  fifteenth  day  of  June,  in  the 
year  of  our  Lord  one  thousand  seven  hundred  arid  eighty- 
one,  and  in  the  fifih  year  of  our  independence,  by  the  United 
States  in  Congress  assembled. 

SAMUEL  HUNTINGTON,  President. 


COMMISSION     TO     ACCEPT    THE    MEDIATION     OF     THE     EM 
PRESS    OF    RUSSIA    AND    THE    EMPEROR    OF    GERMANY. 

The  United   States  of  America   to    all    to    whom  these 
presents  shall  come,  send  Greeting. 

Whereas  his    Most   Christian    Majesty,    our  great    and 
vol..  x.  10 


74  COMMISSIONERS  FOR  PEACE. 

beloved  friend  and  ally,  has  informed  us  by  his  Minister 
Plenipotentiary,  whom  he  has  appointed  to  reside  near  us, 
that  their  Imperial  Majesties  the  Empress  of  Russia  and 
the  Emperor  of  Germany,  actuated  by  sentiments  of 
humanity,  and  a  desire  to  put  a  stop  to  the  calamities  of 
war,  have  offered  their  mediation  to  the  belligerent  powers, 
in  order  to  promote  peace  ;  now  know  ye,  that  we,  desirous 
as  far  as  depends  upon  us,  to  put  a  stop  to  the  effusion  of 
blood,  and  convince  all  the  powers  of  Europe  that  we 
wish  for  nothing  more  ardently  than  to  terminate  this  war 
by  a  safe  and  honorable  peace ;  relying  on  the  justice  of 
our  cause,  and  persuaded  of  the  wisdom  and  equity  of  their 
Imperial  Majesties,  who  have  so  generously  interposed 
their  good  offices  for  promoting  so  salutary  u  measure ; 
have  appointed  and  constituted,  and  by  these  presents  do 
constitute  and  appoint,  our  trusty  and  well  beloved  John 
Adams,  late  delegate  in  Congress,  from  the  State  of  Mas 
sachusetts,  and  Benjamin  Franklin,  our  Minister  at  the 
Court  of  France,  John  Jay,  late  President  o!  Congress, 
and  now  our  Minister  at  the  Court  of  Madrid,  Henry  Lau- 
rens,  formerly  President  of  Congress,  and  commissioned 
and  sent  as  our  agent  to  the  United  Provinces  of  the  Neth 
erlands,  and  Thomas  Jefferson,  Governor  of  the  Common 
wealth  of  Virginia,-  our  Ministers  Plenipotentiary,  giving 
and  granting  to  them,  or  such  of  them  as  shall  assemble,  or 
in  case  of  death,  absence,  indisposition,  or  other  impedi 
ment,  of  the  others,  to  any  one  of  them,  full  power  and 
authority  in  our  name,  and  on  our  behalf,  in  concurrence 
with  his  Most  Christian  Majesty,  to  accept  in  due  form, 
the  mediation  of  their  Imperial  Majesties  the  Empress  of 
Russia  and  the  Emperor  of  Germany. 

In  testimony  whereof,  we  have  caused  these  presents  lo 
be  signed  by  our  President,  and  sealed  with  his  seal. 


DIPLOMATIC  CORRESPONDENCE.  75 

Done  at  Philadelphia  this  fifteenth  day  of  June,  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and  eighty- 
one,  and  in  the  fifth  year  of  our  independence. 

By  the  United  States  in  Congress  assembled. 

SAMUEL  HUNTINGTON,  President. 


INSTRUCTIONS    TO    THE    COMMISSIONERS    FOR    PEACE. 

In  Congress,  June  15th,  1781. 

To  the  Honorable  John  Adams,  Benjamin  Franklin,  John 
Jay,  Henry  Laurens,  and  Thomas  Jefferson,  Ministers 
Plenipotentiary  in  behalf  of  the  United  States,  to  nego 
tiate  a  treaty  of  peace. 

Gentlemen, 

You  are  hereby  authorised  and  instructed  to  concur,  in 
behalf  of  these  United  States,  with  his  Most  Christian 
Majesty,  in  accepting  the  mediation  proposed  by  the  Em 
press  of  Russia  and  the  Emperor  oi  Germany. 

You  are  to  accede  to  no  treaty  of  peace,  which  shall 
not  be  such  as  may  1st,  effectually  secure  the  indepen 
dence  and  sovereignty  of  the  Thirteen  United  States,  ac 
cording  to  the  form  and  effect  of  the  treaties  subsisting 
between  the  said  United  States  and  his  Most  Christian 
Majesty  ;  and  2dly,  in  which  the  said  treaties  shall  not  be 
left  in  their  full  force  and  validity. 

As  to  disputed  boundaries,  and  other  particulars,  we  re 
fer  you  to  the  instructions  given  to  'Mr  John  Adams,  dated 
1 4th  of  August,  1779,  and  18th  of  October,  1780,*  from 
which  you  will  easily  perceive  the  desires  and  expectations 
of  Congress.  But  we  think  it  unsafe,  at  this  distance,  to 

*  See  these  instructions  in  John  Adams's  Correspondence)  Vol.  IV 
p.  339  ;  and  Secret  Journal,  Vol.  II.  p.  339. 


76  COMMISSIONERS  FOR  PEACE. 

tie  you  up  by  absolute  and  peremptory  directions  upon  any 
other  subject,  than  the  two  essential  articles  above  men 
tioned.  You  are  therefore  at  liberty  to  secure  the  interest 
of  the  United  States,  in  such  manner  as  circumstances  may 
direct,  and  as  the  state  of  the  belligerent,  a"nd  the  disposition 
of  the  mediating  powers  may  require.  For  this  purpose, 
you  are  to  make  the  most  candid  and  confidential  commu 
nications  upon  all  subjects  to  the  Ministers  of  our  generous 
ally,  the  King  of  France  ;  to  undertake  nothing  in  the  ne 
gotiations  for  peace  or  truce,  without  their  knowledge  and 
concurrence  ;  and  ultimately  to  govern  yourselves  by  their 
advice  and  opinion,  endeavoring  in  your  whole  conduct  to 
make  them  sensible  how  much  we  rely  upon  his  Majesty's 
influence  for  effectual  aid  in  everything  that  may  be  neces 
sary  to  the  peace,  security,  and  future  prosperity  of  the 
United  States  of  America. 

If  a  difficulty  should  arise,  in  the  course  of  the  negotia 
tion  for  peace,  from  the  backwardness  of  Great  Britain  to 
acknowledge  our  independence,  you  are  at  liberty  to  agree 
to  a  truce,  or  to  make  such  other  concessions  as  may  not 
affect  the  substance  of  what  we  contend  for ;  and  provided 
that  Great  Britain  be  not  left  in  possession  of  any  part  of 
the  United  States. 

SAMUEL  HUNTINGTON,  President. 

THE    KING'S    WARRANT      FOR      RICHARD      OSWALD'S      FIRST 
COMMISSION    FOR    NEGOTIATING    PEACE.* 

George  R. 

Our  will  and  pleasure  is,  and  we  hereby  authorise  and 
command  you  forthwith  to  prepare  a  bill  for  our  signature, 

*  The  parts  of  this  Commission,  which  were  objected  to  by  the 
American  Commissioners  are  printed  in  italics. 


DIPLOMATIC  CORRESPONDENCE.  77 

to  pass  our  great  seal  of  Great  Britain,  in  the  words  or  to 
the  effect  following,  viz  ; 

George  the  Third,  by  the  Grace  of  God,  King  of  Great 
Britain,  France,  and  Ireland,  Defender  of  the  Faith,  and  so 
forth.  To  our  trusty  and  wall  beloved  Richard  Oswald,  of 
our  city  of  London,  Esquire,  Greeting.  Whereas  by  virtue 
of  an  Act  passed  in  the  last  session  of  Parliament,  entitled 
"An  Act  to  enable  his  Majesty  to  conclude  a  peace  or  truce 
with  certain  Colonies  in  North  America  therein  mentioned," 
it  is  recited,  'that  it  is  essential  to  the  interest,  welfare,  and 
prosperity  of  Great  Britain  and  the  Colonies  or  Plantations 
of  New  Hampshire,  Massachusetts  Bay,  Rhode  Island, 
Connecticut,  New  York,  New  Jersey,  Pennsylvania,  the 
lower  counties  on  Delaware,  Maryland,  Virginia,  North 
Carolina,  South  Carolina,  arid  Georgia,  in  North  America, 
that  peace,  intercourse,  trade  and  commerce,  should  be  re 
stored  between  them  ;'  Therefore,  and  for  a  full  manifes 
tation  of  our  most  earnest  wish  and  desire,  and  that  of  our 
Parliament  to  put  an  end  to  the  calamities  of  war,  it  is 
enacted,  that  it  should  and  might  be  lawful  for  us  to  treat, 
consult  of,  agree  and  conclude,  with  any  Commissioner  or 
Commissioners,  named  or  to  be  named,  by  the  said  Colo 
nies  or  Plantations,  or  with  any  body  or  bodies,  corporate 
or  politic,  or  any  assembly  or  assemblies  or  description  of 
men,  or  any  person  or  persons  whatsoever,  a  peace  or 
truce  with  the  said  Colonies  or  Plantations,  or  any  of  them, 
or  any  part  or  parts  thereof,  any  law,  act,xor  acts  of  Parlia 
ment,  matter  or  thing,  to  the  contrary  in  anywise  notwith 
standing. 

Now  know  ye  that  we,  reposing  special  trust  in  your 
wisdom,  loyalty,  diligence,  and  circumspection  in  the  man 
agement  of  the  affairs  to  be  hereby  committed  to  your 


78  COMMISSIONERS  FOR  PEACE. 

charge,  have  nominated  and  appointed,  constituted  and 
assigned,  and  by  these  presents  do  nominate  and  appoint, 
constitute  and  assign  you,  the  said  Richard  Oswald,  to  be 
our  Commissioner  in  that  behalf,  to  use  and  exercise  all 
and  every  the  powers  and  authorities,  hereby  intrusted  and 
committed  to  you,  the  said  Richard  Oswald,  and  to  do, 
perform,  and  execute  all  other  matters  and  things,  hereby 
enjoined  and  committed  to  your  care,  during  our  will  and 
pleasure,  and  no  longer,  according  to  the  tenor  of  these 
our  letters  patent.  And  it  is  our  royal  will  and  pleas 
ure,  and  we  hereby  authorise,  empower,  and  require  you, 
the  said  Richard  Oswald,  to  treat,  consult,  and  conclude 
with  any  Commissioner  or  Commissioners,  named  or  to 
be  named,  by  the  said  Colonies  or  Plantations,  and  any 
body  or  bodies,  corporate  or  politic,  assembly  or  assem 
blies,  or  descriptions  of  men,  or  person  or  persons,  what 
soever,  a  peace  or  truce  with  the  said  Colonies  or  Planta 
tions,  or  any  of  them,  or  any  part  or  parts  thereof;  any 
law,  act  or  acts  of  Parliament,  matter  or  thing,  to  the  con 
trary  notwithstanding. 

And  it  is  our  further  will  and  pleasure,  that  every 
regulation,  provision,  matter  or  thing,  which  shall  have 
been  agreed  upon  between  you,  the  said  Richard 
Oswald,  and  such  Commissioner  or  Commissioners,  body 
or  bodies,  corporate  or  politic,  assembly  or  assemblies, 
descriptions  of  men,  person  or  persons  as  aforesaid,  with 
whom  you  shall  have  judged  meet  and  sufficient  to 
enter  into  such  agreement,  shall  be  fully  and  distinctly 
set  forth  in  writing,  and  authenticated  by  your  hand 
and  seal,  on  one  side,  and  by  such  seal  or  other  signatures 
on  the  other  as  the  occasion  may  require,  and  as  may  be 
suitable  to  the  character  and,  authority  of  the  Commissioner 


DIPLOMATIC  CORRESPONDENCE.  79 

or  Commissioners,  &fc.  as  aforesaid  so  agreeing,  and  such 
instruments  so  authenticated  shall  be  by  you  transmit 
ted  to  us  through  one  of  our  principal  Secretaries  of 
State. 

And  it  is  our  further  will  and  pleasure,  that  you,  the 
said  Richard  Oswald,  shall  promise  and  engage  for  us 
and  in  our  royal  name  and  word,  that  every  regulation, 
provision,  matter,  or  thing,  which  may  be  agreed  to 
and  concluded  by  you,  our  said  Commissioner,  shall 
be  ratified  and  confirmed  by  us  in  the  fullest  manner 
and  extent,  and  that  we  will  not  suffer  them  to  be  vio 
lated  or  counteracted  either  in  whole  or  in  part  by  any 
person  whatsoever.  And  we  hereby  require  and 
command  all  our  officers,  civil  and  military,  and  all 
others  our  loving  subjects  whatever,  to  be  aiding  and 
assisting  unto  you,  the  said  Richard  Oswald,  in  the 
execution  of  this  our  commission,  and  of  the  powers 
and  authorities  herein  contained  ;  provided  always, 
and  we  hereby  declare  and  ordain,  that  the  several 
offices,  powers  and  authorities  hereby  granted  shall 
cease,  determine,  and  become  utterly  null  and  void,  on 
the  first  day  of  July,  which  shall  be  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  eightythree, 
although  we  shall  not  otherwise  in  the  meantime  have 
revoked  and  determined  the  same,  in  witness,  &c. 
And  for  so  doing  this  shall  be  your  warrant. 

Given  at  our  Court  of  St  James,  the  twentyfifth 
day  of  July,  one  thousand  seven  hundred  and  eighty- 
two.*  In  the  twentysecond  year  of  our  reign.  By 
his  Majesty's  command. 

THOMAS  TOWNSHEND. 

To  our  Attorney  or  Solicitor-General. 

'  This  commission  was  signed  by  the  King  on   the  7th  of  August . 


80  COMMISSIONERS  FOR  PEACE 


KICHARD  OSWALD'S  SECOND  COMMISSION  FOR  NEGOTI 
ATING  PEACE.* 

George  the  Third,  by  the  Grace  of  God,  King  of 
Great  Britain,  France  and  Ireland,  Defender  of  the 
Faith,  and  so  forth.  To  our  trusty  and  well  beloved 
Richard  Oswald,  of  our  city  of  London,  Esquire, 
Greeting.  Whereas,  by  virtue  of  an  Act  passed  in  the 
last  session  of  Parliament,  entitled  "An  Act  to  enable 
his  Majesty  to  conclude  a  peace  or  truce  with  certain 
colonies  in  North  America  therein  mentioned,"  it  is  re 
cited,  'that  it  is  essential  to  the  interest,  welfare  and 
prosperity  of  Great  Britain  and  the  Colonies  or  Plan 
tations  of  New  Hampshire,  Massachusetts,  Rhode  Isl 
and,  Connecticut,  New  York,  New  Jersey,  Pennsyl 
vania,  the  three  lower  counties  on  Delaware,  Maryland, 
Virginia,  North  Carolina,  Soutli  Carolina,  and  Geor 
gia  in  North  America,  that  peace,  intercourse,  trade  and 
commerce  should  be  restored  between  them  ;'  There 
fore,  and  for  a  full  manifestation  of  our  earnest  wish 
and  desire,  and  of  that  of  our  Parliament,  to  put  an 
end  to  the  calamities  of  war,  it  is  enacted,  that  it 
should  and  might  be  lawful  for  us  to  treat,  consult  of, 
agree  and  conclude,  with  any  Commissioner  or  Com 
missioners,  named  or  to  be  named  by  the  said  Colonies 
or  Plantations,  or  any  of  them  respectively,  or  with 
any  body  or  bodies,  corporate  or  politic,  or  any  assem 
bly  or  assemblies,  or  description  of  men,  or  any  person 
or  persons  whatsoever,  a  peace  or  a  truce  with  the  said 

*  The  parts  of  this  Commission,  which  were  altered  or  added,  in 
consequence  of  the  objections  of  the  American  Commissioners  to  Mr 
Oswald's  first  commission,  are  printed  in  italics.  , 


DIPLOMATIC  CORRESPONDENCE.  81 

Colonies  or  Plantations,  or  any  of  them,  or  any  part  or 
parts  thereof;  any  law.  act,  or  acts  of  Parliament, 
matter  or  thing  to  the  contrary,  in  anywise,  notwith 
standing. 

Now  know  ye,  that  we,  reposing  special  trust  in 
your  wisdom,  loyalty,  diligence  and  circumspection, 
in  the  management  of  the  affairs  to  be  hereby  commit 
ted  to  your  charge,  have  nominated  and  appointed, 
constituted  and  assigned,  and  by  these  presents  do 
nominate  and  appoint,  constitute  and  assign  you,  the 
said  Richard  Oswald,  to  be  our  Commissioner  in  that 
behalf,  to  use  and  exercise  all  and  every  the  powers 
and  authorities  hereby  intrusted  and  committed  to  you, 
the  said  Richard  Oswald,  and  to  do,  perform,  and  exe 
cute  all  other  matters  and  things  hereby  enjoined  and 
committed  to  your  care,  during  our  will  and  pleasure, 
and  no  longer,  according  to  the  tenor  of  these  our  let 
ters  patent.  And  it  is  our  royal  will  and  pleasure,  and 
we  do  hereby  authorise,  empower,  and  require  you, 
the  said  Richard  Oswald,  to  treat  of,  consult,  and  con 
clude  with  any  Commissioners  or  persons  vested  with 
equal  powers,  ly  and  on  the  part  of  the  Thirteen  United 
States  of  America,  viz.  New  Hampshire,  Massachusetts 
Bay,  Rhode  Island,  Connecticut,  New  Jersey,  Pennsylva 
nia,  the  three  lower  counties  on  Delaware,  Maryland, 
Virginia,  North  Carolina,  South  Carolina,  and  Georgia, 
in  North  .America,  a  peace  or  a  truce  with  the  mid  Thir 
teen  United  States  ;  any  law,  act,  or  acts  of  Parliament, 
matter  or  thing  to  the  contrary,  in  anywise,  notwith 
standing. 

And  it  is  our  further  will  and    pleasure,   that  every 
regulation,  provision,  matter  or  thing,  which  shall  have 
VOL.  x.  ]  1 


82  COMMISSIONERS  FOR  PEACE 

been  agreed  upon  between  you,  the  said  Richard  Os 
wald,  and  such  Commissioners  or  persons  as  aforesaid, 
with  whom  you  shall  have  judged  meet  and  sufficient 
to  enter  into  such  agreement,  shall  be  fully  and  dis 
tinctly  set  forth  in  writing,  and  authenticated  by  your 
hand  and  seal  on  one  side,  and  by  the  hands  and  seals 
of  such  Commissioners  or  persons  on  the  other,  and  such 
instrument  so  authenticated  shall  be  by  you  transmit 
ted  to  us,  through  one  of  our  principal  Secretaries  of 
State. 

And  it  is  our  further  will  and  pleasure,  that  you,  the 
said  Richard  Oswald,  shall  promise  and  engage  for  us 
and  in  our  royal  name  and  word,  that  every  regula 
tion,  provision,  matter  or  thine;,  which  may  be  agreed 
to,  and  concluded  by  you,  our  said  Commissioner, 
shall  be  ratified  and  confirmed  by  us  in  the  fullest 
manner  and  extent,  and  that  we  will  not  suffer  them 
to  be  violated  or  counteracted,  either  in  whole  or  in 
part,  by  any  person  whatsoever.  And  we  do  hereby 
require  and  command  all  our  officers  civil  and  military, 
and  all  others  our  loving  subjects  whatsoever,  to  be 
aiding  and  assisting  unto  you,  the  said  Richard  Oswald, 
in  the  execution  of  this  our  commission,  and  of  the 
powers  and  authorities  herein  contained  ;  provided 
always,  and  we  do  hereby  declare  and  ordain,  that  the 
several  offices,  powers  and  authorities  hereby  granted, 
shall  cease,  determine,  and  become  utterly  null  and 
void,  on  the  first  day  of  July,  which  shall  be  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and 
eightythree  ;  although  we  shall  not  otherwise  in  the 
meantime  have  revoked  and  determined  the  same. 

Jlnd  whereas  in  and  by  our  commission  and  letters  pa- 


DIPLOMATIC  CORRESPONDENCE.  33 

tent  under  our  great  seal  of  Great  Britain,  bearing  date 
the  seventh  day  of  August  last,  we  nominated  and  ap 
pointed,  constituted  and  assigned  you,  the  said  Richard 
Oswald,  to  be  our  Commissioner  to  treat,  consult  of,  agree 
and  conclude,  ivith  any  Commissioner  or  Commissioners, 
named  or  to  be  named,  by  certain  Colonies  or  Plantations 
in  America  therein  specified,  a  peace  or  a  truce  with  the 
said  Colonies  or  Plantations  ;  now  know  ye,  that  we 
have  revoked  and  determined,  and  by  these  presents  do 
revoke  and  determine  our  said  commission  and  letters  pa 
tent,  and  all  and  every  power,  article  and  thing  therein 
contained.  In  witness  whereof  we  have  caused  these 
our  letters  to  be  made  patent. 

Witness  ourself  at  Westminster,  the  twentyfirst  day 
of  September,  in  the  twentysecond  year  of  our  reign. 
By  the  King  himself. 

YORKE. 

Paris,  October  [st,  1782.  I  certify  that  the  adjoin 
ing  is  a  true  copy  of  the  commission  of  which  it  pur 
ports  to  be  a  copy,  and  which  has  been  shown  to  Mr 
Franklin  and  Mr  .lay. 

RICHARD  OSWALD, 
The.    Commissioner  therein  named. 


COMMISSION    TO     WILLIAM    T.    FRANKLIN. 

To  all  to  whom  these  Presents  shall  come,  Benjamin 
Franklin  and  John  Jay  send  Greeting. 

Whereas  the  United  States  of  America,  in  Congress  as 
sembled,  did  on  the  15th  of  June,  in  the  year  of  our  Lord 
1781,  appoint  and  constitute  the  said  Benjamin  Franklin, 


84  COMMISSIONERS  FOR  PEACE. 

John  Jay,  John  Adams,  Henry  Laurens,  and  Thomas 
Jefferson,  and  the  majority  of  them,  and  of  such  of  them 
as  should  assemble  for  the  purpose,  their  Commissioners 
and  Plenipotentiaries,  to  treat  of,  and  conclude  peace  in 
their  behalf;  and  whereas  the  said  United  States,  in 
Congress  assembled,  did  on  the  26th  of  June,  in  the  year 
of  our  Lord  1781,  appoint  Francis  Dana,  until  he  could 
proceed  to  the  Court  of  Petersburg,  either  in  a  public  or 
private  capacity,  to  be  Secretary  to  the  said  Plenipoten 
tiaries  for  negotiating  a  peace  with  Great  Britain,  and  in 
case  Mr  Dana  should  have  proceeded,  or  thereafter  pro 
ceed  to  Petersburg,  or  to  any  part  of  the  dominions  of  the 
Empress  of  Russia,  the  Ministers  appointed  by  the  said 
act  of  Congress  of  the  15th  of  June,  1781,  or  a  majority 
of  such  of  them  as  should  assemble,  should  be,  and  there 
by  were,  authorised  to  appoint  a  Secretary  to  their  com 
mission,  and  that  he  be  entitled  to  receive,  in  proportion  to 
his  time  of  service,  the  salary  of  one  thousand  pounds 
sterling  per  annum  allowed  to  Mr  Dana.  And  whereas  his 
Britannic  Majesty  has  issued  a  commission,  dated  the 
21st  of  September,  1782,  to  Richard  Oswald,  to  treat  of, 
and  conclude  peace  with  any  Commissioners,  or  persons 
vested  with  equal  powers,  by,  and  on  the  part  of  the 
Thirteen  United  States  of  America  ;  and  whereas  the  said 
Richard  Oswald  is  at  Paris,  ready  to  execute  his  said 
commission,  and  has  exchanged  with  the  said  Benjamin 
Franklin  and  John  Jay,  copies  of  their  respective  com 
missions,  and  entered  on  the  business  of  the  same,  where 
by  the  appointment  of  a  Secretary  to  the  American  com 
mission  has  become  necessary,  and  the  said  Mr  Dana 
now  being  at  Petersburg,  the  right  of  appointing  such 
Secretary  has,  in  pursuance  of  the  afore-recited  act  of 


DIPLOMATIC  CORRESPONDENCE.  35 

Congress,  devolved  on  the  said  Commissioners,  and  on  the 
majority  of  them,  and  of  such  of  them  as  have  assembled 
for  the  purpose  of  executing  their  said  commission  ;  and 
whereas  Mr  Jefferson,  one  of  the  said  Commissioners, 
has  not  come  to  Europe,  and  Mr  Laurens,  another  of 
them,  has  declined  to  accept  the  said  office,  and  Mr 
Adams,  another  of  them,  is  at  the  Hague,  so  that  the  said 
Benjamin  Franklin  and  John  Jay  are  the  only  Commis 
sioners  now  assembled  to  execute  the  said  commission  ; 

Now  know  ye,  that  they,  reposing  special  trust  and  con 
fidence  in  the  ability  and  integrity  of  William  T.  Franklin, 
to  perform  and  fulfil  the  duties  of  Secretary  to  their  said 
commission,  have  appointed  and  constituted,  and  by  these 
presents  do  appoint  and  constitute  the  said  William  T. 
Franklin,  Secretary  to  the  said  commission. 

In  witness  whereof,  the  said  Benjamin  Franklin  and 
John  Jay,  have  hereunto  set  their  hands  and  seals,  this  first 
day  of  October,  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  eightytwo,  and  in  the  seventh  year  of 
the  independence  of  the  said  United  States. 

B.  FRANKLIN, 
JOHN  JAY. 

Approved  on  my  part,  Mr  Franklin  having  acted  with 
propriety  as  Secretary  to  the  commission  from  the  time  of 
my  arrival  here.  Paris,  January  10th,  1783. 

HENRY  LAURENS. 

Approved  on  my  part,  Mr  Franklin  having  acted  with 
propriety  as  Secretary  to  the  commission  from  the  time  of 
my  arrival  here.  Paris,  September  8th,  1783. 

JOHN  ADAMS. 


86  COMMISSIONERS  FOR  PEACE. 


RESOLUTIONS    OF    CONGRESS. 

In  Congress,  October  3d,  1782. 

On  report  of  a  Committee,  to  whom  were  referred 
notes  of  a  conference  with  the  Minister  of  France,  held 
by  a  Committee  of  Congress  on  the  24th  of  September 
last ;* 

Resolved,  That  the  Minister  Plenipotentiary  of  his  Most 
Christian  Majesty  be  informed  ;  • 

That  the  communication,  made  by  the  said  Minister  on 
the  24th  of  September  last,  is  considered  by  Congress  as 
an  additional  proof  of  his  Majesty's  magnanimity,  and  has 
confirmed  those  sentiments  of  affection  and  confidence, 
which  his  wise,  steady,  and  liberal  conduct  in  every  stage 
of  the  war  had  so  justly  inspired  ; 

That  his  Most  Christian  Majesty's  declaration  to  the 
British  Minister  at  Paris,  that  he  will  neither  treat,  nor  ter 
minate  any  negotiation,  unless  the  interests  of  his  allies  and 
friends  shall  be  considered  and  determined,  is  entirely  cor 
respondent  to  the  part,  which  these  United  States  are  re 
solved  to  take  in  any  negotiations  for  peace ; 

That  Congress,  with  the  utmost  satisfaction,  embrace 
this  opportunity  to  renew  their  assurances,  that,  in  every 
event,  the  United  States  will  inviolably  adhere  to  their  al 
liance  with  his  Most  Christian  Majesty,  which  they  con 
sider  to  be  equally  essential  to  their  interest  and  their 
glory ; 

That  they  will  hearken  to  no  propositions  for  peace, 
which  shall  not  be  discussed  in  confidence  and  in  concert 

'*  See  these  Notes  of  a  Conference  in  the  Secret  Journals  of  Con 
gress,  Vol.  111.  p.  2\ti. 


DIPLOMATIC  CORRESPONDENCE.  37 

\viili  his  Most  Christian  Majesty,  agreeably  to  the  declara 
tion  made  to  the  Minister  Plenipotentiary  on  the  3 1st  day 
of  May  last  ;* 

That  upon  this  principle,  Congress  did  not  hesitate  a 
moment  to  reject  the  proposition  made  by  the  British  Gen 
eral  and  Admiral,  as  Commissioners  of  peace,  for  adsr.it- 
ting  Mr  Morgan,  their  Secretary,  to  an  interview  at  Phila 
delphia  ; 

And  that  they  are  resolved  to  prosecute  the  war  with 
vigor,  until  a  general  peace  shall  be  obtained,  in  which 
their  allies  shall  be  comprehended  ; 

That  Congress  placed  the  utmost  confidence  in  his 
Majesty's  assurances,  that  he  will  readily  employ  his  good 
offices  in  support  of  the  United  States,  in  all  points  relative 
to  their  prosperity ;  and  considering  the  territorial  claims 
of  these  States,  as  heretofore  made,  their  participation  of 
the  fisheries  and  of  the  free  navigation  of  the  Mississippi, 
not  only  as  their  indubitable  right,  but  :is  essential  to  their 
prosperity,  they  trust,  that  his  Majesty's  efforts  will  be  suc 
cessfully  employed  to  obtain  a  sufficient  provision  and  se 
curity  for  those  rights.  Nor  can  they  refrain  from  making 
known  to  his  Majesty,  that  any  claim  of  restitution,  or 
compensation  for  property  confiscated  in  the  several 
Stales,  will  meet  with  insuperable  obstacles;  not  only  on 
account  of  the  sovereignty  of  the  individual  States,  by 
which  such  confiscations  have  been  made,  but  of  the  wan 
ton  devastations,  which  the  citizens  of  these  States  have 
experienced  from  the  enemy,  and,  in  many  instances,  from 
the  very  persons  in  whose  favor  such  claim  may  be  urged  ; 

That  Congress  trust  that  the  circumstances  of  the, allies, 
ni  the  negotiation  for  peace,  will  be  so  prosperous  as  to 

*  Secret  Journal,  Vol.  III.  p.  138. 


COMMISSIONERS  FOR  PEACE. 

render  these  expectations  consistent  with  the  spirit  of  mod 
eration  recommended  by  his  Majesty. 

Ordered,  That  the  Committee,  who  brought  in  the 
report,  communicate  to  the  honorable  Minister  of  France 
the  above  answer  of  Congress  to  his  communications. 

Ordered,  That  the  Secretary  for  Foreign  Affairs  trans 
mit,  by  the  first  opportunity,  a  copy  of  the  same  to  the 
Ministers  of  these  States  at  foreign  Courts. 


ARTICLES      AGREED      ON      BETWEEN      THE      AMERICAN    AND 
BRITISH    COMMISSIONERS.* 

October  8th,  1782. 

Articles  agreed  upon  by  and  between  Richard  Oswald, 
the  Commissioner  of  his  Britannic  Majesty,  for  treating 
ot  peace  with  the  Commissioners  of  the  United  States  of 
America,  on  the  behalf  of  his  said  Majesty  on  the  one 
part,  and  Benjamin  Franklin  and  John  Jay,  of  the  Com 
missioners  of  the  said  States,  for  treating  of  peace  with  the 
Commissioner  of  his  said  Majesty  on  their  behalf,  on  the 
other  part. 

To  be  inserted  in,  and  to  constitute  the  treaty  of  peace, 
proposed  to  be  concluded  between  the  Crown  of  Great 
Britain  and  the  said  United  States ;  but  which  treaty  is  not 
to  be  concluded,  until  his  Britannic  Majesty  shall  have 
agreed  to  the  terms  of  peace  between  France  and  Britain, 
proposed  or  accepted  by  his  Most  Christian  Majesty  ;  and 
shall  be  ready  to  conclude  with  him  such  treaty  accord 
ingly.  It  being  the  duty  and  intention  of  the  United  States 

*  These  Articles  were  sent  to  England  for  the  King's  consideration, 
See  Franklin's  Correspondence.  Vol.  IV.  p.  49. 


DIPLOMATIC  CORRESPONDENCE.  g£ 

not  to  desert  their  ally,  but  faithfully,  and  in  all  things  to 
abide  by,  and  fulfil  their  engagements  with  his  Most  Chris 
tian  Majesty. 

Whereas  reciprocal  advantages  and  mutual  convenience 
are  found  by  experience,  to  form  the  only  permanent  foun 
dation  of  peace  and  friendship  between  States,  it  is  agreed 
to  frame  the  articles  of  the  proposed  treaty,  on  such  prin 
ciples  of  liberal  equality  and  reciprocity,  as  that  partial 
advantages  (those  seeds  of  discord)  being  excluded,  such 
a  beneficial  and  satisfactory  intercourse  between  the  two 
countries  may  be  established,  as  to  promise  and  secure  to 
both  the  blessings  of  perpetual  peace  and  harmony.  1st. 
His  Britannic  Majesty  acknowledges  the  sqid  United  States 
viz.  New  Hampshire,  Massachusetts  Bay,  Rhode  Island 
and  Providence  Plantations,  Connecticut,  New  York,  New 
Jersey,  Pennsylvania,  Delaware,  Maryland,  Virginia,  North 
Carolina,  South  Carolina,  and  Georgia,  to  be  free,  sove 
reign  and  independent  States  ;  that  he  treats  with  them  as 
such  ;  and  for  himself,  his  heirs  and  successors,  relinquishes 
all  claims  to  the  government,  propriety,  and  territorial  rights 
of  the  same,  and  every  part  thereof;  and  that  all  disputes 
which  might  arise  in  future,  on  the  subject  of  the  bounda 
ries  of  the  said  United  States,  may  be  prevented,  it  is 
hereby  agreed  and  declared,  that  the  following  are,  and 
shall  remain  to  be  their  boundaries,  viz. 

The  said  States  are  bounded  north,  by  a  line  to  be  drawn 
from  the  northwest  angle  of  Nova  Scotia,  along  the  high 
lands,  which  divide  those  rivers  which  empty  themselves 
into  the  river  St  Lawrence,  Iron:  those  which  fall  into  the 
Atlantic  ocean,  to  the  northernmost  head  of  Connecticut 
river ;  thence  down  along  the  middle  of  that  river  to  the 
forty  fifth  degree  of  north  latitude,  and  thence  due  west  in 
VOL.  x.  12 


90  COMMISSIONERS  FOR  PEACE, 

the  latitude  forty  five  degrees  north  from  the  equator,  to 
the  northwesternmost  side  of  the  river  St  Lawrence,  or 
Cadaraqui ;  thence  straight  to  the  south  end  of  the  lake 
Nipissing,  and  thence  straight  to  the  source  of  tho  river 
Mississippi,  west  by  a  line  to  be  drawn  along  the  middle  of 
the  river  Mississippi,  from  its  source  to  where  the  said 
line  shall  intersect  the  thirtyfirst  degree  of  north  latitude  ; 
south  by  a  line  to  be  drawn  due  east  from  the  termination 
of  the  line  last  mentioned,  in  the  latitude  of  thirtyone  de 
grees  north  of  the  equator  to  the  middle  of  the  river  Ap- 
alachicola  or  Catahouchi ;  thence  along  the  middle  thereof 
to  its  junction  with  the  Flint  river ;  thence  straight  to  the 
head  of  St  Mary's  river ;  thence  down  along  the  middle 
of  St  Mary's  river  to  the  Atlantic  ocean  ;  and  east  by  a 
line  to  be  drawn  along  the  middle  of  St  John's  river,  from 
its  source  to  its  mouth  in  the  Bay  of  Funcly  ;  comprehend 
ing  all  islands  within  twenty  leagues  of  any  part  of  the 
shores  of  the  United  States,  and  lying  between  lines  to  be 
drawn  due  east  from  the  points  where  the  aforesaid  boun 
daries,  between  Nova  Scotia,  on  the  one  part,  and  East 
Florida  on  the  ether,  shall  respectively  touch  thr,  Bay  of 
Fundy  and  the  Atlantic  ocean. 

2dly.  From  and  immediately  after  the  conclusion  of  the 
proposed  treaty,  there  shall  be  a  firm  and  perpetual  peace 
between  his  Britannic  Majesty  and  the  United  States,  and 
between  the  subjects  of  the  one  and  the  citizens  of  the 
other ;  wherefore  all  hostilities,  both  by  sea  and  land,  shall 
then  immediately  cease;  all  prisoners  on  both  sides  shall  be 
set  at  liberty;  and  his  Britannic  Majesty  shall  forthwith,  and 
without  causing  any  distinction,  withdraw  all  his  armies, 
garrisons,  and  fleets,  from  the  said  United  States,  and  from 
every  post,  place,  and  harbor,  within  the  same,  leaving  in 


DIPLOMATIC  CORRESPONDENCE.  QJ 

all  fortifications  the  American  artillery  that  may  be  therein  ; 
and  shall  also  order  and  cause  all  archives,  records,  deeds, 
and  papers,  belonging  to  either  of  the  said  States,  or  their 
citizens,  which  in  the  course  of  the  war.  may  have  fallen 
into  the  hands  of  his  officers,  to  be  forthwith  restored,  and 
delivered  to  the  proper  States  and  persons  to  whom  they 
belong. 

3dly.  That  the  subjects  of  his  Britannic  Majesty  and 
people  of  the  said  United  States,  shall  continue  to  enjoy 
unmolested,  the  right  to  take  fish  of  every  hind  on  the 
banks  of  Newfoundland,  and  other  places  where  the  in 
habitants  of  both  countries  used  formerly,  to  wit,  before 
the  last  war  between  France  and  Britain,  to  fish  and  also 
to  dry  and  cure  the  same  at  the  accustomed  places, 
whether  belonging  to  his  said  Majesty  or  to  the  United 
States;  and  his  Britannic  Majesty  and  the  said  United 
States  will  extend  equal  privileges  and  hospitality  to  each 
other's  fishermen  as  to  their  own. 

4thly.  That  the  navigation  of  the  river  Mississippi,  from 
its  source  to  the  ocean,  shall  forever  remain  free  and  open, 
and  that  both  there,  and  in  all  rivers,  harbors,  lakes,  ports, 
and  places,  belonging  to  his  Britannic  Majesty  or  to  the 
United  States,  or  in  any  part  of  the  world,  the  merchants 
and  merchant's  ships,  of  the  one  and  the  other,  shall  be 
received,  treated,  and  protected,  like  the  merchants  and 
merchant  ships  of  the  sovereign  of  the  country.  That  is 
to  say,  the  British  merchants  and  merchant  ships,  on  the 
one  hand,  shall  enjoy  in  the  United  States,  and  in  all  places 
belonging  to  them,  the  same  protection  and  commercial 
privileges,  and  be  liable  only  to  the  same  charges  and 
duties  as  their  own  merchants  and  merchant  ships ;  and  on 
the  other  hand,  the  merchants  md  merchant  ships  of  the 


92  COMMISSIONERS  FOR  PEACE. 

United  States,  shall  enjoy  in  all  places  belonging  to  his 
Britannic  Majesty,  the  same  protection  and  commercial 
privileges,  and  be  liable  only  to  the  same  charges  and  du 
ties  of  British  merchants  and  merchant  ships,  saving  always 
to  the  chartered  trading  companies  of  Great  Britain,  such 
exclusive  use  and  trade,  and  their  respective  posts  and 
establishments,  as  neither  the  subjects  of  Great  Britain, 
nor  any  of  the  more  favored  nations  participate  in. 

Paris,  October  Sth,  1782.  A  true  copy  of  which  has 
been  agreed* on  between  the  American  Commissioners  and 
me,  to  be  submitted  to  his  Majesty's  consideration. 

RICHARD  OSWALD. 

Alteration  to  be  made  in  the  treaty,  respecting  the  boun 
daries  of  Nova  Scotia,  viz.  East,  the  true  line  between 
which  and  the  United  States  shall  be  settled  by  Commis 
sioners,  as  soon  as  conveniently  may  be  after  the  war. 


RICHARD    OSWALD    TO    THE    COMMISSIONERS. 

Paris,  November  4th,  1782. 

Gentlemen, 

You  may  remember,  that  from  the  very  beginning  of 
our  negotiations  for  settling  a  peace  between  Great  Britain 
and  America,  I  insisted  that  you  should  positively  stipu 
late  for  a  restoration  of  the  property  of  all  those  persons, 
under  the  denomination  of  loyalists  or  refugees,  who  have 
taken  part  with  Great  Britain  in  the  present  war  ;  or  if  the 
property  had  been  resold  and  passed  into  such  variety  of 
hands,  as  to  render  the  restoration  impracticable,  (which 
you  asserted  to  be  the  case  in  many  instances)  you  should 
stipulate  for  a  compensation  or  indemnification  to  those 


DIPLOMATIC  CORRESPONDENCE.  93 

persons,  adequate  to  their  losses.  To  these  propositions 
you  said  you  could  not  accede.  Mr  Slrachey,  since  his 
arrival  at  Paris,  has  most  strenuously  joined  me  in  insist 
ing  upon  the  said  restitution,  compensation,  or  indemnifi 
cation,  and  in  laying  before  you  every  argument  in  favor 
of  those  demands,  founded  upon  national  honor,  and  upon 
the  true  principles  of  justice.  These  demands  you  must 
have  understood  to  extend,  not  only  to  all  persons  of  the 
above  mentioned  description,  who  have  fled  to  Europe, 
but  likewise  to  all  those  who  may  be  now  in  any  parts  of 
North  America,  dwelling  under  the  protection  of  his  Maj 
esty's  arms  or  otherwise. 

We  have  also  insisted  upon  a  mutual  stipulation  for  a 
general  amnesty  on  both  sides,  comprehending  thereby 
an  enlargement  of  all  persons,  who  on  account  of  offences, 
committed  or  supposed  to  be  committed,  since  the  com 
mencement  of  hostilities,  may  be  now  in  confinement ;  and 
for  an  immediate  repossession  of  their  properties,  and 
peaceable  enjoyment  thereof,  under  the  government  of  the 
United  States.  To  this  you  have  not  hitherto  given  a 
particular  or  direct  answer. 

It  is,  however,  incumbent  on  me,  as  Commissioner  of 
the  King  of  Great  Britain,  to  repeat  those  several  demands; 
and  without  going  over  those  arguments  upon  paper, 
(which  we  have  so  often  urged  in  conversation,)  to 
press  your  immediate  attention  to  these  subjects,  and  to 
urge  you  to  enter  into  proper  stipulations  for  the  restitu 
tion,  compensation,  and  amnesty  above  mentioned,  before 
we  proceed  further  in  this  negotiation. 
I  have  the  honor  to  be,  &ic. 

RICHARD  OSWALD, 


94  .       COMMISSIONERS  FOR  PEACE. 

ARTICLES    TAKEN    TO    ENGLAND    BY    MR    STRACHEY.* 

November  5, 1882. 

Articles  agreed  upon  by  and  between  Richard  Oswald, 
Commissioner  of  his  Britannic  Majesty,  for  treating  of 
peace  with  the  Commissioners  of  the  United  States  of 
America,  on  behalf  of  his  said  Majesty  on  the  one  part ; 
and  John  Adams,  Benjamin  Franklin,  and  John  Jay,  three 
of  the  Commissioners  of  the  said  States,  for  treating  of 
peace  with  the  Commissioner  of  his  said  Majesty,  on  their 
behalf,  on  the  other  part,  to  be  inserted  in,  and  to  consti 
tute  the  treaty  of  peace,  proposed  to  be  concluded  between 
the  Crown  of  Great  Britain  and  the  said  United  States ; 
but  which  treaty  is  not  to  be  concluded  until  his  Britannic 
Majesty  shall  have  agreed  to  the  terms  of  a  peace  between 
France  and  Britain,  proposed  or  accepted  of  by  his  Most 
Christian  Majesty,  and  shall  be  ready  to  conclude  with 
him  such  treaty  accordingly  ;  it  being  the  duty  and  inten 
tion  of  the  United  States  not  to  desert  their  ally,  but  faith 
fully  and  in  all  things  to  abide  by  and  fulfil  their  engage 
ments  with  his  Most  Christian  Majesty. 

Whereas  reciprocal  advantages  and  mutual  convenience 
are  found  by  experience  to  form  the  only  permanent  foun 
dation  of  peace  and  friendship  between  States,  it  is  agreed 
to  form  the  articles  of  the  proposed  treaty  on  such  princi 
ples  of  liberal  equality  and  reciprocity  as  that  partial  ad 
vantages  (those  seeds  of  discord)  being  excluded,  such  a 
beneficial  and  satisfactory  intercourse  between  the  two 
countries  may  be  established  as  to  promise  and  secure  to 
both  perpetual  peace  and  harmony. 

*  These  Articles  were  agreed  to  after  the  return  of  the  lirst  set. 
which  had  been  sent  to  England  October  8th.  See  above  p.  80. 


DIPLOMATIC  CORRESPONDENCE.  95 

His  Britannic  Majesty  acknowledges  the  said  United 
States,  viz.  New  Hampshire,  Massachusetts,  Rhode  Isl 
and,  Connecticut,  New  York,  New  Jersey,  Pennsylva 
nia,  Delaware,  Maryland,  Virginia,  North  Carolina,  South 
Carolina,  and  Georgia,  to  be  free,  sovereign,  and  inde 
pendent  States  ;  that  he  treats  with  them  as  such  ;  and  for 
himself,  his  heirs  and  successors,  relinquishes  all  claims  to 
the  government,  propriety  and  territorial  rights  of  the 
same  and  every  part  thereof;  and  that  all  disputes  which 
might  arise  in  future  on  the  subject  of  the  boundaries  of 
the  said  United  States  may  be  prevented,  it  is  hereby 
agreed  and  declared,  that  the  following  are  and  shall  remain 
to  be  their  boundaries,  viz. 

From  the  northwest  angle  of  Nova  Scotia,  being  that 
angle  which  is  formed  by  a  line  drawn  due  north  from  the 
source  of  St  Croix  river  to  the  highlands  which  divide  the 
rivers  which  empty  themselves  into  the  river  St  Lawrence 
from  those  which  fall  into  the  Atlantic  ocean,  and  along 
the  said  highlands  to  the  northwesternmost  head  of  Con 
necticut  river,  thence  down  along  the  middle  of  that  river 
to  the  45th  degree  of  north  latitude,  following  the  said  lati 
tude  until  it  strikes  the  river  Mississippi ;  thence  by  a  line 
to  be  drawn  along  the  middle  of  the  said  river  Mississippi, 
until  it  shall  intersect  the  northernmost  part  of  the  31st  de 
gree  of  latitude  north  of  the  equator;  south,  by  a  line  to 
be  drawn  due  east  from  the  termination  of  the  line  last 
mentioned  in  the  latitude  of  the  31st  degree  to  the  middle 
of  the  river  Apalachicola  or  Calahouchi,  theuce  along  the 
middle  thereof  to  its  junction  with  the  Flint  river,  thence 
straight  to  the  head  of  St  Mary's  river,  and  thence 
down  along  the  middle  of  St  Mary's  river  to  the  Atlantic 
ocean  ;  east,  by  a  line  from  the  mouth  of  said  St  Mary's 


96  COMMISSIONERS  FOR  PEACE. 

river  to  the  mouth  of  the  river  St  Croix  in  the  Bay  of 
Fundy,  and  by  a  line  drawn  through  the  middle  of  said 
river  to  its  source,  and  from  its  source  directly  north  to  the 
aforesaid  highlands,  which  divide  the  rivers  which  fall  into 
the  Atlantic  ocean  irom  those  which  empty  themselves 
into  the  river  St  Lawrence,  comprehending  all  islands 
within  twenty  leagues  of  any  part  of  the  shores  of  the 
United  States,  and  lying  between  lines  to  be  drawn  due 
east  from  the  points  where  the  aforesaid  boundaries  of  St 
Croix  river  and  St  Mary's  river  shall  respectively  touch 
the  Bay  of  Fundy  and  the  Atlantic  ocean. 

It  is  agreed,  that  all  such  royalists  or  refugees,  as  well  as 
all  such  British  merchants  or  other  subjects  as  may  be  resi 
dent  in  any  of  the  United  States  at  the  time  of  the  evacua 
tion  thereof  by  the  arms  and  garrisons  of  his  Britannic 
Majesty,  shall  be  allowed  six  months  thereafter  to  remove 
to  any  part  of  the  world  ;  and  also,  at  their  election,  to 
dispose  of,  within  the  said  term,  or  to  carry  with  them  their 
goods  and  effects.  And  it  is  understood,  that  the  said 
States  shall  extend  such  further  favor  to  the  said  merchants, 
and  such  amnesty  and  clemency  to  the  said  refugees,  as 
their  respective  circumstances  and  the  dictates  of  justice 
and  humanity  may  render  just  and  reasonable  ;  and  par 
ticularly,  that  amnesty  and  indemnity  be  granted  to  all  such 
of  the  said  refugees,  as  may  be  unaffected  by  acts,  judg 
ments,  or  prosecutions,  actually  passed  or  commenced  a 
month  previous  to  such  evacuation. 

That  the  subjects  of  his  Britannic  Majesty  and  the  peo 
ple  of  the  said  United  States,  shall  continue  to  enjoy  un 
molested,  the  right  to  take  fish  of  every  kind  on  all  the 
Banks  of  Newfoundland,  also  in  the  Gulf  of  St  Lawrence, 
and  all  other  places  where  the  inhabitants  of  both  countries 


DIPLOMATIC  CORRESPONDENCE.  97 

used  at  any  time  heretofore  to  fish ;  and  also  to  dry  and 
cur«  tiieir  fish  on  the  shores  of  the  Isle  of  Sables,  Cape 
Sables,  and  the  shores  of  any  of  the  unsettled  bays,  har 
bors  or  creeks  of  Nova  Scotia,  and  of  the  Magdalen 
Islands.  And  bis  Britannic  Majesty  and  the  said  United 
States  will  extend  equal  privileges  and  hospitality  to  each 
other's  fishermen  as  to  their  own. 

Whereas  certain  of  the  United  Slates,  excited  thereto 
by  the  unnecessary  destruction  of  private  property,  have 
confiscated  all  debts  due  from  their  citizens  to  British  sub 
jects  ;  and  also  in  certain  instances,  lands  belonging  to  the 
latter;  and  whereas,  it  is  just  that  private  contracts  made 
between  individuals  of  the  two  countries  before  the  war, 
should  be  faithfully  executed  ;  and  as  the  confiscation  of 
the  said  lands  may  have  a  latitude  not  justifiable  by  the 
law  of  nations,  it  is  agreed,  that  British  creditors  shall,  not 
withstanding,  meet  with  no  lawful  impediment  to  recover 
ing  the  full  value  or  sterling  amount  of  such  bona  fide  debts 
as  were  contracted  before  tiie  year  1775.  And  also,  that 
Congress  will  recommend  to  the  said  States,  so  to  correct 
(if  necessary)  their  said  acts,  respecting  the  confiscation  of 
the  lands  in  America,  belonging  to  real  British  subjects,  as 
to  render  the  said  acts  consistent  with  perfect  justice  and 
equity.  As  to  the  cession  made  of  certain  lands  in  Geor 
gia,  by  a  number  of  Indians  there,  on  the  1st  of  June, 
1773,  for  the  purpose  of  paying  the  debls  due  from  them 
to  a  number  of  traders,  the  American  Commissioners 
say,  that  the  State  of  Georgia  is  alone  competent  to  con 
sider  and  decide  on  the  same  ;  for  that  it  being  a  matter  of 
internal  police,  with  which  neither  Congress  nor  their  Com 
missioners  are  authorised  to  interfere,  it  must  of  necessity 
be  referred  to  the  discretion  ami  justice  of  that  State,  who, 

VOL.     X.  1 3 


98  COMMISSIONERS  FOR  PEACE. 

without  doubt,  will  be  disposed  to  do  what  may  be  just  and 
reasonable  on  the  subject. 

Similar  reasons  and  considerations  constrain  the  Com 
missioners  to  give  the  like  answer  to  the  case  of  Mr  Penn's 
family. 

From  and  immediately  after  the  conclusion  of  the  pro 
posed  treaty,  there  shall  be  a  perpetual  and  firm  peace, 
&tc.  (the  same  as  the  second  article  in  the  preceding  set  of 
articles.) 

That  the  navigation  of  the  river  Mississippi  from  its 
source  to  the  ocean,  shall  forever  remain  free  and  open. 

SEPARATE  ARTICLE.  It  is  hereby  understood  and 
agreed,  that  in  case  Great  Britain  at  the  conclusion  of  the 
present  war  shall  be,  or  be  put  in  possession  of  West  Flor 
ida,  the  line  of  north  boundary  between  the  said  Province 
and  the  United  States,  shall  be  a  line  drawn  from  the 
mouth  of  the  river  Yazoo,  where  it  unites  with  the  Missis 
sippi,  due  east  to  the  river  Apalachicola,  and  thence  along 
the  middle  of  thnt  river  lo  its  junction  with  the  Flint 
river,  &c. 


H.     STRACHEY    TO    THE    COMMISSIONERS. 

Paris,  November  5th,  1782. 
Gentlemen. 

Knowing  the  expectation  of  the  King's  Ministers,  that  a 
full  indemnity  shall  be  provided  for  the  whole  body  of  refu 
gees,  either  by  a  restitution  of  theii'  property  or  by  some 
stipulated  compensation  tor  their  losses,  and  being  con 
fident,  as  I  have  repeatedly  assured  you,  that  your  refusal 
upon  this  point  will  be  the  great  obstacle  to  a  conclusion 
and  ratification  of  that  peace,  which  is  meant  as  a  solid 


DIPLOMATIC  CORRESPONDENCE.  99 

perfect,  permanent  reconciliation  and  reunion  between 
Great  Britain  and  America,  I  am  unwilling  to  leave  Paris 
without  once  more  submitting  the  matter  to  your  consider 
ation.  It  affects  equally,  in  my  opinion,  the  honor  and  the 
humanity  of  your  country  and  of  ours.  How  far  you  will 
be  justified  in  risking  every  favorite  object  of  America, 
by  contending  against  those  principles,  is  for  you  to  deter 
mine.  Independence,  and  more  than  a  reasonable  posses 
sion  of  territory,  seem  to  be  within  your  reach.  Will  you 
suffer  them  to  be  outweighed  by  the  gratification  of  resent 
ment  against  individuals  ?  I  venture  to  assert,  that  such  a 
conduct  has  no  parallel  in  the  history  of  civilized  nations. 

I  am  under  the  necessity  of  setting  out  by  two  o'clock 
today  ;  if  the  time  is  loo  short  for  your  reconsideration,  and 
final  determination  of  this  important  point,  I  shall  hope  that 
you  will  enable  Mr  Oswald  to  despatch  a  messenger  after 
me,  who  may  be  with  me  before  morning  at  Chantilly, 
where  I  propose  sleeping  tonight,  or  who  may  overtake 
me  before  I  arrive  in  London,  with  a  satisfactory  answer 
to  this  letter. 

I  have  the  honor  to  he.  &c. 

H.  STHACHEY. 

TO    KiCHARU    OSWALD. 

Paris,  November  5th.  1782. 
Sir, 

In  answer  to  tiie  letter  you  did  us  the  honor  to  write  on 
the  4th  instant,  we  beg  leave  to  repeat  what  we  often 
said  in  conversation,  viz  ;  that  the  restoration  of  such  of 
the  estates  of  refugees  as  have  been  confiscated  is  imprac 
ticable,  because  they  were  confiscated  by  Jaws  of  partic 
ular  States,  and  in  many  instances  have  passed  by  legal 


100  COMMISSIONERS  FOR  PEACE. 

titles  through  several  hands.  Besides,  Sir,  as  this  is  a 
matter  evidently  appertaining  to  the  internal  polity  of  the 
separate  States,  the  Congress,  by  the  nature  of  om  con 
stitution,  have  no  authority  to  interfere  with  it. 

As  to  your  demand  of  compensation  to  those  persons, 
we  forbear  enumerating  our  reasons  for  thinking  it  ill 
founded.  In  the  moment  of  conciliatory  overtures,  it 
would  not  be  proper  to  call  certain  scenes  into  view,  over 
which  a  variety  of  considerations  should  induce  both  par 
ties  at  present  to  draw  a  veil.  Permit  us  therefore  only  to 
repeat,  that  we  cannot  stipulate  for  such  compensation, 
unless  on  your  part  it  be  agreed,  to  make  retribution  to 
our  citizens  for  the  heavy  losses  they  have  sustained  by  the 
unnecessary  destruction  of  private  property. 

We  have  already  agreed  to  an  amnesty  more  extensive 
than  justice  required,  and  full  as  extensive  as  humanity 
could  demand.  We  can  therefore  only  repeat  that  it  can 
not  be  extended  farther.  We  should  be  sorry,  if  the  abso 
lute  impossibility  of  our  complying  further  with  your  prop 
ositions,  should  induce  Great.  Britain  to  continue  the  war 
for  the  sake  of  those  who  caused  and  prolonged  it.  But 
if  that  should  be  the  case,  we  hope  that  the  utmost  latitude 
will  not  be  again  given  to  its  rigors. 

Whatever  may  be  the  issue  of  this  negotiation,  be  as 
sured,  Sir,  that  we  shall  always  acknowledge  the  liberal, 
manly,  and  candid  manner  in  which  you  have  conducted  it, 
and  that  we  shall  remain,  with  the  warmest  sentiments  of 
esteem  and  regard,  Sir,  your  most  obedient  and  very  hum 
ble  servants, 

JOHN  ADAMS, 

B.  FRANKLIN, 
JOHN  JAY. 


DIPLOMATIC   CORRESPONDENCE.  101 

TO    H.     STHACHEY. 

Paris,  November  6th,  17852. 
Sir, 

We  have  been  honored  with  your  favor  of  the  5th  inst., 
and  as  our  answer  to  a  letter  we  received  from  Mr  Oswald 
on  the  same  subject  contains  our  unanimous  sentiments 
respecting  it,  we  take  the  liberty  of  referring  you  to  the 
enclosed  copy  of  that  answer. 

We  have,  the  honor  to  be,  &c. 

JOHN  ADAMS, 
B.  FRANKLIN, 
JOHN  JAY. 

Third  Set  of  Articles. 

Monday,  November  25th,  ]782.  The  three  Com 
missioners,  Adams,  Franklin,  and  Jay,  met  at  Mr  Oswald's 
lodgings  at  the  Hotel  de  Muscovie,  and  after  some  confer 
ences  Mr  Oswald  delivered  them  the  following  Articles, 
as  fresh  proposals  of  the  British  Ministry,  sent  by  Mr 
Strachey,  viz ; 

Articles  agreed  upon  by  and  between  Richard  Oswald, 
the  Commissioner  of  his  Britannic  Majesty,  for  treating  of 
peace  with  the  Commissioners  of  the  United  States  of 
America,  in  behalf  of  his  said  Majesty,  on  the  one  part, 
and  John  Adams,  Benjamin  Franklin,  and  John  Jay,  three 
of  the  Commissioners  of  the  said  States,  for  treating  of 
peace  with  the  Commissioner  of  his  said  Majesty,  on  their 
behalf  on  the  other  part,  to  be  inserted  in,  and  to  constitute 
the  treaty  of  peace,  proposed  to  be  concluded  between  the 
Crown  of  Great  Britain  and  the  said  United  States,  but 
which  treaty  is  not  to  be  concluded,  until  the  terms  of  a 


102  COMMISSIONERS  FOR  PEACE. 

peace  shall  be  agreed  upon  between  Great  Britain  and 
France,  and  his  Britannic  Majesty  shall  be  ready  to  con 
clude  such  treaty  accordingly. 

Whereas  reciprocal  advantages  and  mutual  conven 
ience  are  found  by  experience  to  form  the  only  permanent 
foundation  of  peace  and  friendship  between  States,  it  is 
agreed  to  form  the  Articles  of  the  proposed  treaty  on  such 
principles  of  liberal  equity  and  reciprocity,  as  that  partial 
advantages,  (those  seeds  of  discord,)  being  excluded,  such 
a  beneficial  and  satisfactory  intercourse  between  the  two 
countries  may  be  established,  as  to  promise  and  secure  to 
both  perpetual  peace  and  harmony. 

ARTICLE  i.  His  Britannic  Majesty  acknowledges  the 
said  United  States,  viz,  New  Hampshire,  Massachusetts 
Bay,  Rhode  Island  and  Providence  Plantations,  Connec 
ticut,  New  York,  New  Jersey,  Pennsylvania,  Delaware, 
Maryland,  Virginia,  North  Carolina,  South  Carolina,  and 
Georgia,  to  be  free,  sovereign  and  independent  States,  that 
he  treats  with  them  as  such,  and  for  himself,  his  heirs  and 
successors,  relinquishes  all  claims  to  the  government,  pro 
priety,  and  territorial  rights  of  the  same,  and  every  part 
thereof ;  and,  that  all  disputes  which  might  arise  in  future 
on  the  subject  of  the  boundaries  of  the  said  United  States 
may  be  prevented,  it  is  hereby  agreed  and  declared,  that 
the  following  are  and  shall  be  their  boundaries,  viz  ; 

ARTICLE  n.  From  the  northwest  angle  of  Nova 
Scotia,  viz  ;  that  angle  which  is  formed  by  a  line  drawn 
due  north  from  the  source  of  St  Croix  river  to  the  high 
lands,  along  the  said  highlands,  which  divide  those  rivers 
that  empty  themselves  into  the  river  St  Lawrence  from 
those  which  fall  into  the  Atlantic  ocean,  to  the  northwest- 
ernmos:  head  of  Connecticut  river,  thence  down  along  the 


DIPLOMATIC    CORRESPONDENCE  193 

middle  of  that  river  to  the  45th  degree  of  north  latitude  ; 
from  thence  by  a  line  due  west  on  said  latitude  until  it 
strikes  the  river  Jroquois  or  Cataroquy ;  thence  along  the 
middle  of  said  river  into  Lake  Ontario,  through  the  mid 
dle  of  said  Lake  until  it  strikes  the  communication  by 
water  between  that  Lake  and  Lake  Erie  ;  thence  along  the 
middle  of  said  communication,  into  Lake  Erie,  through 
the  middle  of  said  Lake,  until  it  arrives  at  the  water  com 
munication  between  that  Lake  and  Lake  Huron  ;  thence 
along  the  middle  of  said  water  communication  into  Lake 
Huron ;  thence  through  the  middle  of  the  said  Lake, 
to  the  water  communication  between  that  Lake  and  Lake 
Superior  ;  thence  through  Lake  Superior,  northward  of  the 
Isles  Royal  and  Philippeaux  to  the  Long  Lake ;  thence 
through  the  middle  of  said  Long  Lake,  and  the  water  com 
munication  between  it  and  the  Lake  of  the  Woods,  to  the 
said  Lake  of  the  Woods  ;  thence  through  the  said  Lake  to 
the  most  northwestern  point  thereof;  and  from  thence  on  a 
due  western  course  to  the  river  Mississippi,  thence  by  a 
line  to  be  drawn  along  the  middle  of  the  said  river  Missis 
sippi  until  it  shall  intersect  the  northernmost  pan  of  the 
31st  degree  of  north  latitude.  South  by  a  line  to  be 
drawn  due  east  from  the  determination  of  the  line  last 
mentioned,  in  the  latitude  of  31  degrees  north  of  the  equa 
tor  to  the  middle  of  the  river  Apalachicola,  or  Catahou- 
chi ;  thence  along  the  middle  thereof  to  its  junction  with 
the  Flint  river,  thence  straight  to  the  head  of  St  iMary's 
river ;  and  thence  down  along  the  middle  of  St  Mary's 
river  to  the  Atlantic,  ocean.  East  by  a  line  to  be  drawn 
along  the  middle  of  the  river  St  Croix.  from  its  mouth  in 
the  Bay  of  Fundy  to  its  source  ;  and  from  its  source  di 
rectly  north,  to  the  aforesaid  highlands,  which  divide  the 


]Q4  COMMISSIONERS  FO  R  PEACE. 

rivers  that  fall  into  the  Atlantic  ocean  from  those  which 
fall  into  the  river  St  Lawrence  ;  comprehending  ail  Islands 
within  twenty  leagues  of  any  part  of  the  shores  of  the  United 
States,  and  lying  between  lines  to  be  drawn  due  east  from 
the  point  where  the  aforesaid  boundaries  between  Nova 
Scotia  on  the  one  part,  and  East  Florida  on  the  other  shall 
respectively  touch  the  Bay  of  Fundy  and  the  Atlantic 
ocean ;  excepting  such  Islands  as  now  are,  or  heretofore 
have  been,  within  the  limits  of  the  said  Province  of  Nova 
Scotia. 

ARTICLE  in.  The  citizens  of  the  said  United 
States  shall  have  the  liberty  of  taking  fish  of  every  kind 
on  all  the  banks  of  Newfoundland,  and  also  in  the  Gulf 
of  St  Lawrence ;  and  also  to  dry  and  cure  their  fish  on 
the  shores  of  the  Isle  of  Sables  and  on  the  shores  of 
any  of  the  unsettled  bays,  harbors  and  creeks  of  the 
Magdalen  Islands,  in  the  Gulf  of  St  Lawrence,  so  long 
as  such  bays,  harbors  and  creeks  shall  continue  and 
remain  unsettled  ;  on  condition  that  the  citizens  of  the 
said  United  States  do  not  exercise  the  fishery,  but  at 
the  distance  of  three  leagues  from  all  the  coast  belong 
ing  to  Great  Britain,  as  well  those  of  the  continent  as 
those  of  the  islands  situated  in  the  Gulf  of  St  Law 
rence.  And  as  to  what  relates  to  the  fishery  on  the 
coast  of  the  Island  of  Cape  Breton  out  of  the  said  gulf, 
the  citizens  of  the  said  United  States  shall  not  be  per 
mitted  to  exercise  the  said  fishery,  but  at  the  distance 
of  fifteen  leagues  from  the  coasts  of  the  Island  of  Cape 
Breton. 

ARTICLE  iv.  It  is  agreed,  that  the  British  creditors 
shall  meet  with  no  lawful  impediment  to  the  recovery 
of  the  full  value,  in  sterling  money,  of  such  bona  fide 


DIPLOMATIC  CORRESPONDENCE.  JQ5 

debts  as  were  contracted  by  any  persons  who  are   citi 
zens  of  the  United  States,  before  the  year  1775. 

ARTICLE  v.  It  is  agreed,  that  restitution  shall  be 
made  of  all  estates,  rights  and  properties  in  America, 
which  have  been  confiscated  during  the  war. 

ARTICLE  vi.  There  shall  be  a  full  and  entire 
amnesty  of  all  acts  and  offences,  which  have  been  or 
may  be  supposed  to  have  been  committed  on  either 
side,  by  reason  of  the  war,  and  in  the  course  thereof; 
and  no  one  shall  hereafter  suffer  in  life  or  person,  or 
be  deprived  of  his  property,  for  the  part  he  may  have 
taken  therein.  All  persons  in  confinement  on  that 
account,  shall  immediately  on  the  ratification  of  the 
treaty  in  America,  be  set  at  liberty  ;  all  prosecutions 
which  may  be  depending  in  consequence  of  any  of  the 
said  offences,  shall  cease,  and  no  fresh  prosecutions 
shall  at,  any  time  hereafter  be  commenced  thereupon. 

ARTICLE  vn.  There  shall  be  a  firm  and  perpetual 
peace  between  his  Britannic  Majesty  and  the  said 
States,  and  between  the  subjects  of  the  one,  and  the 
citizens  of  the  other;  wherefore  all  hostilities  both  by 
sea  and  land  shall  then  immediately  cease  ;  all  priso 
ners  on  both  sides  shall  be  set  at  liberty  ;  and  his 
Britannic  Majesty  shall  with  all  convenient  speed  and 
without  causing  any  destruction,  withdraw  all  his  ar 
mies,  garrisons  and  fleets  from  the  .said  United  States, 
and  from  every  port,  place  and  harbor  within  the 
same,  leaving  in  all  fortifications  the  American  artil 
lery  that  may  be  therein.  And  shall  also  order  and 
cause  all  archives,  records  and  papers,  belonging  to 
any  of  the  said  States  or  (heir  citizens,  which  in  the 
course  of  the  war  may  have  fallen  into  the  hands  of 
VOL.  x.  14 


106  COMMISSIONERS  FOR  PEACE. 

his  officers,  to  be  forthwith  restored  and  delivered  to 
the  proper  States  and  persons  to  whom  they  belong. 

ARTICLE  vm.  The  navigation  of  the  Mississippi, 
from  its  source  to  the  ocean,  shall  forever  remain  free 
and  open  to  the  subjects  of  Great  Britain  and  citizens 
of  the  United  States. 

SEPARATE  ARTICLE.  It  is  hereby  understood  and 
agreed,  that  in  case  Great  Britain,  at  the  end  of  the 
present  war,  shall  be,  or  be  put  in  possession  of  West 
Florida,  the  line  of  north  boundary  between  the  said 
province  and  the  United  States,  shall  be  a  line  drawn 
from  the  mouth  of  the  river  Yazoo,  where  it  unites 
with  the  river  Mississippi,  clue  east  to  the  river  Apala- 
chicola. 

ARTICLE  PROPOSED  AND  READ  TO  THE  COMMISSION 
ERS,  BEFORE  SIGNING  THE  PRELIMINARY  ARTI 
CLES.* 

It  is  agreed,  that  his  Britannic  Majesty  will  earn 
estly  recommend  it  to  his  Parliament  to  provide  for 
and  make  a  compensation  to  the  merchants  and  shop 
keepers  of  Boston,  whose  goods  and  merchandise  were 
seized  and  taken  out  of  their  stores,  warehouses  and 
shops,  by  order  of  General  Gage  and  others  of  his 
commanders  and  officers  there  j  and  also  to  the  inhab 
itants  of  Philadelphia,  for  the  goods  taken  away  by  his 
army  there  ;  and  to  make  compensation,  also,  for  the 
tobacco,  rice,  indigo,  and  negroes,  &c.  seized  and  car- 

*  This  ,'lrticle,  and  the  Facts  which  follow,  were  drawn  up  by  Dr 
Franklin,  and  intended  to  be  insisted  on,  in  case  the  British  Com 
missioners  persevered  in  their  demands  respecting  the  fisheries 
See  Franklin's  Correspondence,  Vol.  IV.  p.  nO. 


DIPLOMATIC  CORRESPONDENCE.  107 

ried  off  by  his  armies  under  Generals  Arnold,  Corn- 
wallis,  and  others,  from  the  States  of  Virginia,  North 
and  South  Carolina,  and  Georgia,  and  also  for  all  ves 
sels  and  cargoes,  belonging  to  the  inhabitants  of  the  said 
United  States,  which  were  stopped,  seized,  or  taken, 
either  in  the  ports,  or  on  the  seas,  by  his  Governors, 
or  by  his  ships  of  war,  before  the  declaration  of  war 
against  the  said  States. 

And  it  is  farther  agreed,  that  his  Britannic  Majesty 
will  also  earnestly  recommend  it  to  his  Parliament  to 
make  compensation  for  all  the  towns,  villages,  and 
farms,  burnt  and  destroyed  by  his  troops,  or  adhe 
rents,  in  the  said  United  States. 

FACTS. 

There  existed  a  free  commerce,  upon  mutual  faith, 
between  Great  Britain  and  America.  The  merchants 
of  the  former  credited  the  merchants  and  planters  of 
the  latter,  with  great  quantities  of  goods,  on  the  com 
mon  expectation,  that  the  merchants,  having  sold  the 
goods,  would  make  the  accustomed  remittances ;  that 
the  planters  would  do  the  same  by  the  labor  of  their 
negroes,  and  the  produce  of  that  labor,  tobacco,  rice, 
indigo,  &c. 

England,  before  the  goods  were  sold  in  America, 
sends  an  armed  force,  seizes  those  goods  in  the  stores ; 
some  even  in  the  ships  that  brought  them,  and  carries 
them  off ;  seizes,  also,  and  carries  off  the  tobacco, 
rice,  and  indigo,  provided  by  the  planters  to  make  re 
turns,  and  even  the  negroes,  from  whose  labor  they 
might  hope  to  raise  other  produce  for  that  purpose. 


108  COMMISSIONERS  FOR  PEACE. 

Britain  now  demands  that  the  debts  shall,  neverthe 
less,  be  paid. 

Will  she,  can  she,  justly,  refuse  making  compensa 
tion  for  such  seizures  ? 

If  a  draper,  who  had  sold  a  piece  of  linen  to  a  neigh 
bor  on  credit,  should  follow  him,  take  the  linen  from 
him  by  force,  and  then  send  a  bailiff  to  arrest  him  for 
the  debt,  would  any  court  of  law  or  equity  award  the 
payment  of  the  debt,  without  ordering  a  restitution  of 
the  cloth  ? 

Will  not  the  debtors  in  America  cry  out,  that,  if 
this  compensation  be  not  made,  they  were  betrayed 
by  the  pretended  credit,  and  are  now  doubly  ruined  ; 
first,  by  the  enemy,  and  then  by  the  negotiators  at 
Paris,  the  goods  and  negroes  sold  them  being  taken 
from  them,  with  all  they  had  besides,  and  they  are 
now  to  be  obliged  to  pay  for  what  they  have  been 
robbed  of? 


TO    M.    DE    LAFAYETTE. 

Paris,  November  28th,  1782. 

Sir, 

We  have  received  the  letter  you  did  us  the  honor  to 
write  on  the  25th  instant. 

Our  country  has  had  early  and  repeated  proofs  both  ot 
your  readiness  and  abilities  to  do  her  service.  The  pros 
pect  of  an  inactive  campaign  in  America  induced  us  to 
adopt  the  opinion,  that  you  might  be  more  useful  here  than 
there  ;  especially,  in  case  the  negotiation  for  peace,  on  the 
part  of  France  in  England,  should  be  committed  to  your 


DIPLOMATIC  CORRESPONDENCE.  1Q9 

management ;  for  your  knowledge  of  our  affairs  and  at 
tachment  to  our  interest,  might  have  been  very  advanta 
geous  to  us  on  such  an  occasion.  But  as  an  opportunity 
now  offers  of  your  being  instrumental  in  producing  a  co 
operation,  which  would,  probably,  put  a  glorious  and 
speedy  termination  to  the  war  in  America,  we,  for  our 
part,  perfectly  approve  of  your  going  with  Count  d'Es- 
taing,  in  the  manner  proposed. 

We  have  the  honor  to  be,  &c.  &c. 

JOHN  ADAMS, 
B.  FRANKLIN, 
JOHN  JAY. 


PROVISIONAL    ARTICLES    OF    PEACE. 

Articles  agreed  upon  by  and  between  Richard  Oswald, 
Esq.  the  Commissioner  of  his  Britannic  Majesty  for  treat 
ing  of  peace  with  the  Commissioners  of  the  United  States 
of  America,  in  behalf  of  his  said  Majesty  on  the  one  part, 
and  John  Adams,  Benjamin  Franklin,  John  Jay,  and 
Henry  Laurens,  four  of  the  Commissioners  of  the  said 
States  for  treating  of  peace  with  the  Commissioner  of  his 
said  Majesty,  on  their  behalf,  on  the  other  part  ;  to  be 
inserted  in,  and  to  constitute  the  treaty  of  peace,  proposed 
to  be  concluded  between  the  Crown  of  Great  Britain  and 
the  said  United  States.  But  which  treaty  is  not  to  be  con 
cluded,  until  terms  of  peace  shall  be  agreed  upon  between 
Great  Britain  and  France,  and  his  Britannic  Majesty  shall 
be  ready  to  conclude  such  treaty  accordingly. 

Whereas  reciprocal  advantages  and  mutual  convenience 
are  found  by  experience  to  form  the  only  permanent  (bun- 


110  COMMISSIONERS  FOR  PEACE. 

elation  of  peace  and  friendship  between  States,  it  is  agreed 
to  form  the  articles  of  the  proposed  treaty  on  such  princi 
ples  of  liberal  equity  and  reciprocity,  as  that  partial  ad 
vantages  (those  seeds  of  discord)  being  excluded,  such  a 
beneficial  and  satisfactory  intercourse  between  the  two 
countries  may  be  established,  as  to  promise  and  secure  to 
t>oth  perpetual  peace  and  harmony. 

ARTICLE  i.  His  Britannic  Majesty  acknowledges  the 
said  United  States,  viz.  New  Hampshire,  Massachusetts 
Bay,  Rhode  Island  and  Providence  Plantations,  Connecti 
cut,  New  York,  New  Jersey,  Pennsylvania,  Delaware, 
Maryland,  Virginia,  North  Carolina,  South  Carolina,  and 
Georgia,  to  be  free,  sovereign,  arid  independent  States  ;  that 
he  treats  with  them  as  such  ;  and,  for  himself,  his  heirs 
and  successors,  relinquishes  all  claims  to  the  government, 
propriety,  and  'territorial  rights  of  the  same,  and  every  part 
thereof;  and  that  all  disputes,  which  might  arise  in  future 
on  the  subject  of  the  boundaries  of  the  said  United  States, 
may  be  prevented,  it  is  hereby  agreed  and  declared,  that 
the  following  are  and  shall  be  their  boundaries,  viz. 

ARTICLE  n.  From  the  northwest  angle  of  Nova 
Scotia,  viz.  that  angle,  which  is  formed  by  a  line  drawn 
due  north,  from  the  source  of  St  Croix  river  to  the  high 
lands,  along  the  highlands  which  divide  those  rivers  that 
empty  themselves  into  the  river  St  Lawrence  from  those 
which  fall  into  the  Atlantic  ocean,  to  the  northwesternmost 
head  of  Connecticut  river  ;  thence  down  along  the  middle 
of  that  river  to  the  45th  degree  of  north  latitude  ;  from 
thence  by  a  line  due  west  on  said  latitude,  until  it  strikes 
the  river  Iroquois  or  Cataroquy  ;  thence  along  the  middle 
of  said  river  into  Lake  Ontario ;  through  the  middle  of 
said  Luke  until  it  strikes  the  communication  bv  water. 


DIPLOMATIC  CORRESPONDENCE.  \  [  { 

between  that  Lake  and  Lake  Erie  ;  thence  along  the  mid 
dle,  of  said  communication  into  Lake  Erie  ;    through  the 
middle  of  said  Lake  until  it  arrives  at  the  water  communi 
cation  between  that   Lake  and    Lake  Huron,  thence  along 
the   middle  of  said   water   communication   into   the  Lake 
Huron  ;    thence   through   the  middle  of  said  Lake,  to  the 
water  communication  between  that  Lake  and  Lake  Supe 
rior  ;    thence  through   Lake   Superior,   northward   of  the 
Isles  Royal   and  Philippeaux  to  'the   Long  Lake  ;    thence 
through  the  middle  of  said  Long  Lake  and  the  water  com 
munication  between  \i  and  the  Lake  of  the  Wood;;,  to  the 
said  Lake  of  the  Woods;    thence  through   the  said  Lake, 
to  the  most  northwestern  point  thereof;     and  from  thence 
on  a  due  west  course  to  the  river  Mississippi  ;  thence  by  a 
line  to  be   drawn  along  the   middle  of   the  said  river  Mis 
sissippi  until  it  shall  intersect  the  northernmost   part  of  the 
31st  degree  of  north  latitude  ;  south  by  a  line  to  be  drawn 
due  east  from  the  determination  of   the  line  hist  mentioned 
in  the  latitude  of  31st   degree  north  of  the  equator,  to  the 
middle   of  the  river   Apalachicola  or  Calahouchi,  thence 
along   the    middle   thereof,  to   its  junction   with   the   Flint 
river,  thence  straight  to  the  head  of  St  Mary's  river,  to  the 
Atlantic    ocean.      East   by  a   line  to   be   drawn   along    the 
middle  of  the  river  St  Croix,  from  its  month  \»  the  Bay  of 
Fundy  to  its  source  ;  and  from  its  source  directly  north  to 
the   aforesaid  highlands,  which   divide   the   rivers  that   fall 
into   the   Atlantic   ocean    from   those    which    fall    into   the 
river    St    Lawrence;    comprehending    all     islands   within 
twenty    leagues  of  any  purl    of  the   shores   oi   the   United 
States;  and   lying   between    lines  to    be    drawn   due   east, 
from    the  points  where   the   aforesaid    boundaries,  between 
Nova    Scotia   on    the  one    part,  and    East    Florida   on   the 


J  1  2  COMMISSIONERS  FOR  PEACE 

other,  shall  respective]}'  touch  the  Bay  of  Fundy,  and  the 
Atlantic  ocean  ;  excepting  such  islands  as  now  are  or  here 
tofore  have  been  within  the  limits  of  the  said  Province  of 
Nova  Scotia. 

ARTICLE  in.  It  is  agreed,  that  the  people  of  the 
United  Stales  shall  continue  to  enjoy  unmolested  the  right 
lo  lake  fish  of  every  kind,  on  the  Grand  Bank,  and  on  all 
the  other  hanks  of  Newfoundland  ;  also  in  the  Gulf  of  St 
Lawrence,  and  at  all  other  places  in  the  sea, Where  the 
inhabitants  of  both  countries  used  at  any  time  heretofore 
to  fish.  And  also  that  the  inhabitants  of  the  United 
States  shall  have  liberty  to  take  fish  of  every  kind  on 
such  part  of  the  coast  of  Newfoundland,  as  British 
fishermen  shall  use,  (but  not  to  dry  or  cure  the  same  on 
that  island)  and  also  on  the  coasts,  bays  and  creeks  of  all 
other-  of  his  Britannic  Majesty's  dominion  in  America. 
And  that  the  American  fishermen  shall  have  liberty  to  dry 
and.  cure  fish,  iii  anv  o!  the  unsettled  bays,  harbors  and 
creeks  of  Nova  Scotia.  Magdalen  islands,  and  Labrador, 
so  lone;  as  the  same  shall  remain  unsettled  5  but  so  soon  as 
the  same  or  either  of  them  shall  be  settled, 'it  shall  not  be 
lawful  for  the  said  fishermen  to  dry  or  cure  fish  at  such 
settlement,  without  a  previous  agreement  for  that  purpose, 
with  the  inhabitants,  proprietors,  or  possessors  of  the 
ground. 

ARTICLE  iv.  It  is  agreed,  that  creditors  on  either 
side  shall  meet  with  no  lawful  impediment  to  the  recovery 
of  the  full  value,  in  sterling;  money,  of  all  bona  fide  debts, 
heretofore  contracted. 

ARTICLE  v.  It  is  agreed,  that  the  Congress  shall 
earnestly  recommend  it  to  the  Legislatures  of  the  respec 
tive  Slates,  io  provide  for  the  restitution  of  all  estates, 


DIPLOMATIC  CORRESPONDENCE.  H3 

rights,  and  properties,  which  have  been  confiscated,  belong 
ing  to  real  British  subjects,  and  also  of  the  estates,  rights, 
and  properties  of  persons  resident  in  districts  in  the  pos 
session  of  his  Majesty's  arms,  and  who  have  not  borne  arms 
against  the  said  United  States;  and  that  persons  of  any 
other  description  shall  have  free  liberty  to  go  to  any  part 
or  parts  of  any  of  the  Thirteen  United  States,  and  therein 
to  remain  twelve  months  unmolested  in  their  endeavors  to 
obtain  the  restitution  of  such  of  their  estates,  rights,  and 
properties,  as  may  have  been  confiscated.  And  that  Con 
gress  shall  also  earnestly  recommend  to  the  several  States, 
a  reconsideration  and  revision  of  all  acts  or  laws  regard 
ing  the  premises,  so  as  to  render  the  said  laws  or  acts 
perfectly  consistent,  not  only  with  justice  and  equity,  but 
with  that  spirit  of  conciliation,  which  on  tho  return  of  the 
blessings  of  peace  should  universally  prevail.  And  that 
Congress  shall  also  earnestly  recommend  to  the  several 
Slates,  that  the  estates,  rights,  'and  properties,  of  such  last 
mentioned  persons  shall  be  restored  to  them,  they  refunding 
to  any  persons  who  may  be  now  in  possession,  the  bond 
fide  price  (where  any  has  been  given)  which  such  persons 
may  have  paid  on  purchasing  any  of  the  said  lands,  rights, 
and  properties,  since  the  confiscation.  And  it  is  agreed, 
that  all  persons  who  have  any  interest  in  confiscated  lands, 
either  by  debts,  marriage  settlements,  or  otherwise,  shall 
meet  with  no  lawful  impediment  in  the  prosecution  of  their 
just  rights. 

ARTICLE  vi.  That  there  shall  he  no  future  confisca 
tions  mnde,  nor  any  prosecutions  commenced  against  any 
person  or  persons,  for  or  by  reason  of  the  part  which  he 
or  they  may  have  taken  in  the  present  war.  and  thnt  no 
person  shall  on  that  account  suffer  any  future  loss  or  dam- 
VOL.  \.  15 


114  COMMISSIONERS  FOR  PEACE 

age,  either  in  his  person,  liberty,  or  properly,  and  that 
those  who  may  be  in  confinement  on  such  charges  at  the 
time  of  the  ratification  of  the  treaty  in  America,  shall  be 
immediately  set  at  liberty,  and  the  prosecutions  so  com 
menced  be  discontinued. 

ARTICLE  vu.  There  shall  be  a  firm  and  perpetual 
peace,  between  his  Britannic  Majesty  and  the  said  States, 
and  between  the  subjects  of  the  one  and  the  citizens  of  the 
other,  wherefore  all  hostilities,  both  by  sea  and  land,  shall 
then  immediately  cease.  All  prisoners  on  both  sides  shall 
be  set  at  liberty  ;  and  his  Britannic  Majesty  shall,  with  all 
convenient  speed,  and  without  causing  any  destruction,  or 
carrying  away  any  negroes  or  other  property  of  the  Amer 
ican  inhabitants,  withdraw  all  his  armies,  garrisons,  and 
fleets,  from  the  said  United  States,  and  from  every  port, 
place,  and  harbor,  within  the  same,  leaving  in  all  fortifica 
tions  the  American  artillery  that  may  be  therein.  And 
shall  also  order  and  cause  a  1-1  archives,  records,  deeds,  and 
papers  belonging  to  any  of  the  said  States,  or  their  citizens, 
which  in  the  course  of  the  war  may  have  fallen  into  the 
hands  of  his  officers,  to  bo  forthwith  restored  and  delivered 
to  the  proper  States  and  persons  to  whom  they  belong. 

ARTICLE  vm.  The  navigation  of  the  Mississippi  river, 
from  its  source  to  the  ocean,  shall  forever  remain  free  and 
open  to  the  subjects  ol  Great  Britain  ami  the  citizens  of 
the  United  State?. 

ARTICLE  ix.  In  case  u  should  so  happen,  that  any 
place  or  territory,  belonging  to  Great  Britain  or  the  United 
States,  should  be  conquered  by  t lie  arms  of  either  from 
the  other,  before  the  arrival  of  these  Articles  in  America, 
it  is  agreed,  that  the  same  smill  he  restored  without  diffi 
culty,  and.  without  requiring  any  compensation. 


DIPLOMATIC  CORRESPONDENCE.  1 1 5 

Done  at  Paris,  the  thirtieth  day  of  November,  in  the 
year  one  thousand  seven  hundred  and  eightytwo. 

RICHARD  OSWALD, 
JOHN  ADAMS, 
B.  FRANKLIN, 
JOHN  JAY, 
HENRY  LAURENS. 
Witness,  CALEB  WHITEFOORD, 
Secretary  to  the  British  Commission. 
W.  T.  FRANKLIN, 
Secretary  to  the  American  Commission. 

SEPARATE  ARTICLE.  It  is  hereby  understood  and 
agreed,  that  in  case  Great  Britain,  at  the  conclusion  of 
the  present  war,  shall  recover  or  be  put  in  possession  of 
West  Florida  ;  the  line  of  north  boundary  between  the 
said  Province  and  the  United  States,  shall  be  a  line  drawn 
from  the  mouth  of  the  river  Yazoo.  where  it  unites  -with 
the  Mississippi,  due  east,  to  the  river  Apalachicola. 

Done  at  Paris,  the  thirtieth  day  of  November,  in  the 
year  one  thousand  seven  hundred  and  eightytwo. 

RICHARD  OSWALD, 
JOHN  ADAMS, 
B.  FRANKLIN, 
JOHN  JAY, 
HENRY  LAURENS. 
Attest,  CALEB  WHiTEFOORD, 

Secretary  to  the  ^British  Commission. 
W.  T.  FRANKLIN, 

Secretary  to  the.  American  Commission. 


116  COMMISSIONERS  FOR  PEACE. 

TO     FRANCIS   DANA     AT     PETERSBURG. 

Paris,  December  12th,  1782. 

Sir, 

We  have  the  honor  to  congratulate  you  on  the  signa 
ture  of  the  preliminary  treaty  of  peace,  between  his  Brit 
annic  Majesty  and  the  United  States  of  America,  to  be 
inserted  in  the  definitive  treaty  when  France  and  Britain 
shall  have  agreed  upon  their  terms.  The  articles,  of  which 
we  do  ourselves  the  honor  to  enclose  you  a  copy,  were 
completed  on  the  30th  of  last  month. 

To  us,  at  this  distance,  the  present  opportunity  appears 
to  be.  the  most  favorable  for  you  to  communicate  your  mis 
sion  to  the  Ministers  of  the  Empress  of  Russia,  and  to  the 
Ministers  of  the  other  neutral  powers  residing  at  her  Court, 
and  if  you  have  no  objections,  we  presume  you  will  wish 
to  be  furnished  with  the  enclosed  paper,  to  communicate 
at  the  same  time. 

We  heartily  wish  you  success,  and  if  you  should  inform 
us  of  a  fair  prospect  of  it,  we  shall  propose  an  article  in 
the  definitive  treaty,  to  secure  the  freedom  of  navigation, 
according  to  the  principles  of  the  late  marine  treaty  between 
the  neutral  powers. 

•With  great  respect,  we  have  the  honor  to  be,  &ic. 

JOHN  ADAMS, 
B.  FRANKLIN, 
JOHN  JAY, 


DIPLOMATIC  CORRESPONDENCE.  117 

TO    ROBERT    R.    LIVINGSTON. 

Paris,  December  14th,  1782. 

Sir, 

We  have  the  honor  to  congratulate  Congress  on  the 
signature  of  the  preliminaries  of  a  peace  between  the 
Crown  of  Great  Britain  and  the  United  States  of 
America,  to  be  inserted  in  a  definitive  treaty  so  soon 
as  the  terms  between  the  Crowns  of  France  and  Great 
Britain  shall  be  agreed  on.  A  copy  of  the  Articles  is 
here  enclosed,  and  we  cannot  but  flatter  ourselves, 
that  they  will  appear  to  Congress,  as  they  do  to  all  of 
us,  to  be  consistent  with  the  honor  and  interest  of  the 
United  States,  and  we  are  persuaded  Congress  would 
be  more  fully  of  that  opinion  if  they  were  apprized  of 
all  the  circumstances  and  reasons  which  have  influ 
enced  the  negotiation.  Although  it  is  impossible  for 
us  to  go  into  that  detail,  we  think  it  necessary  never 
theless  to  make  a  few  remarks  on  such  of  the  Articles, 
as  appear  most  to  require  elucidation. 

Remarks  on  Article  2d,  relative  to  Boundaries. 
The  Court  of  Great  Britain  insisted  on  retaining  all 
the  territories  comprehended  within  the  Province  of 
Quebec,  by  the  Act  of  Parliament  respecting  it.  They 
contended  that  Nova  Scotia  should  extend  to  the  river 
Kennebec ;  and  they  claimed  not  only  all  the  lands  in 
the  western  country  and  on  the  Mississippi,  which 
were  not  expressly  included  in  our  charters  and  gov 
ernments,  but  also  all  such  lands  within  them  as  re 
mained  ungranted  by  the  King  of  Great  Britain.  It 
would  be  endless  to  enumerate  all  the  discussions  and 
arguments  on  the  subject. 


118  COMMISSIONERS  FOR   PEACE. 

We  knew  this  Court  and  Spain  to  be  against  our 
claims  to  the  western  country,  and  having  no  reason 
to  think  that  lines  more  favorable  could  ever  have 
been  obtained,  we  finally  agreed  to  those  described  in 
this  Article  ;  indeed  they  appear  to  leave  us  little  to 
complain  of,  and  not  much  to  desire.  Congress  will 
observe,  that  although  our  northern  line  is  in  a  certain 
part  below  the  latitude  of  fortyfive,  yet  in  others  it 
extends  above  it,  divides  the  Lake  Superior,  and  gives 
us  access  to  its  western  and  southern  waters,  from 
which  a  line  in  that  latitude  would  have  excluded  us. 

Remarks  on  Article  4th,  respecting  Creditors. 

We  had  been  informed  that  some  of  the  States  had 
confiscated  British  debts,  but  although  each  State  has 
a  right  to  bind  its  own  citizens,  yet  in  our  opinion, 
it  appertains  solely  to  Congress,  in  whom  exclu 
sively  are  vested  the  rights  of  making  war  and  peace, 
to  pass  acts  against  the  subjects  of  a  power  with  which 
the  Confederacy  may  be  at  war.  It  therefore  only 
remained  for  us  to  consider,  whether  this  Article  is 
founded  injustice  and  good  policy. 

In  our  opinion  no  acts  of  government  could  dissolve 
the  obligations  of  good  faith,  resulting  from  lawful 
contracts  between  individuals  of  the  two  countries 
prior  to  the  war.  We  knew  that  some  of  the  British 
creditors  were  making  common  cause  with  the  refu 
gees,  and  other  adversaries  of  our  independence ; 
besides,  sacrificing  private  justice  to  reasons  of  State 
and  political  convenience,  is  always  an  odious  meas 
ure  ;  and  the  purity  of  our  reputation  in  this  respect, 
in  all  foreign  commercial  countries,  is  of  infinitely 


DIPLOMATIC  CORRESPONDENCE.  \\g 

more  importance  to  us  than  all  the  sums  in  question. 
It  may  also  be  remarked,  that  American  and  British 
creditors  are  placed  on  an  equal  footing;. 

Remarks  on  Articles  dth  and  o'<A,  respecting  Refugees. 

These  Articles  were  among  the  first  discussed,  and 
the  last  agreed  to.  And  had  not  the  conclusion  of  this 
business,  at  the  time  of  its  date,  been  particularly  im 
portant  to  the  British  administration,  the  respect, 
which  both  in  London  and  Versailles,  is  supposed  to 
be  due  to  the  honor,  dignity  and  interest  of  royalty, 
would  probably  have  forever  prevented  our  bringing 
this  Article  so  near  to  the  views  of  Congress  and  the 
sovereign  rights  of  the  States  as  it  now  stands. 
When  it  is  considered,  that  it*  was  utterly  impossible 
to  render  this  Article  perfectly  consistent,  both  with 
American  and  British  ideas  of  honor,  we  presume  that 
the  middle  line  adopted  by  this  Article,  is  as  little 
unfavorable  to  the  former  as  any  that  could  in  reason 
be  expected. 

As  to  the  Separate  Article,  we  beg  leave  to  observe, 
that  it  was  our  policy  to  render  the  navigation  of  the 
river  Mississippi  so  important  to  Britain,  as  that  their 
views  might  correspond  with  ours  on  that  subject. 
Their  possessing  the  country  on  the  river,  north  of  the 
line  from  the  Lake  of  the  Woods,  affords  a  foundation 
for  their  claiming  such  navigation.  And  as  the  im 
portance  of  West  Florida  to  Britain  was  for  the  same 
reason  rather  to  be  strengthened  than  otherwise,  we 
thought  it  advisable  to  allow  them  the  extent  con 
tained  in  the  Separate  Article,  especially  as  before  the 
war  it  had  been  annexed  by  Britain  to  West  Florida, 


120  COMMISSIONERS  FOR  PEACE. 

and  would  operate  as  an  additional  inducement  to  their 
joining  with  us  in  agreeing,  that  the  navigation  of  the 
river  should  forever  remain  open  to  both.  The  map 
used  in  the  course  of  our  negotiations  was  Mitchell's. 
As  we  had  reason  to-  imagine  that  the  Articles 
respecting  the  boundaries,  the  refugees,  and  fisheries, 
did  not  correspond  with  the  policy  of  this  Court,  we 
did  not  communicate  the  preliminaries  to  the  Minister 
until  after  they  were  signed  ;  and  not  even  then  the 
Separate  Article.  We  hope  that  these  considerations 
will  excuse  our  having  so  far  deviated  from  the  spirit 
of  our  instructions.  The  Count  de  Vergennes,  on  pe 
rusing  the  Articles,  appeared  surprised,  but  not  dis 
pleased,  at  their  being  so  favorable  to  us. 

We  beg  leave  to  add  our  advice,  that  copies  be  sent 
us  of  the  accounts  directed  to  be  taken  by  the  different 
States,  of  the  unnecessary  devastations  and  sufferings 
sustained  by  them  from  the  enemy  in  the  course  of  the 
war.  Should  they  arrive  before  the  signature  of  the 
definitive  treaty  they  might  possibly  answer  very  good 
purposes. 

With  great  respect  we  have  the  honor  to  be,  Sir, 
your  most  obedient  and  most  humble  servants, 

JOHN  ADAMS, 
B.  FRANKLIN,. 
JOHN  JAY, 
HENRY  LAURENS. 


DIPLOMATIC  CORRESPONDENCE.  12 1 

RESOLUTION    OF     CONGRESS      RESPECTING      COMMERCIAL 
STIPULATIONS. 

In  Congress,  December  31st,  1782. 

On  the  report  of  the  committee  to  whom  was  refer 
red  a  letter  of  the  14th  of  October  last,  from  the  Min 
ister  Plenipotentiary  at  the  Court  of  Versailles, 

Resolved,  That  the  Ministers  Plenipotentiary  for 
negotiating  peace,  be  instructed,  in  any  commercial 
stipulations  with  Great  Britain,  which  may  be  compre 
hended  in  a  treaty  of  peace,  to  endeavor  to  obtain  for 
the  citizens  and  inhabitants  of  the  United  States,  a 
direct  commerce  to  all  parts  of  the  British  dominions 
and  possessions,  in  Jike  manner  as  all  parts  of  the 
United  States  may  be  opened  to  a  direct  commerce  of 
British  subjects;  or,  at  least,  that  such  direct  com 
merce  be  extended  to  all  parts  of  the  British  domin 
ions  and  possessions  in  Europe  and  the  West  Indies. 
And  the  said  Ministers  are  informed  that  stipulations 
are  particularlv  expected  by  Congress,  in  case  the  citi 
zens  and  subjects  of  each  party  are  to  be  admitted  to 
an  equality  in  matters  of  commerce  with  the  natives 
of  the  other  party. 


•TION    OF    HOSTILITIES. 

Paris,  January  20th ,  1783. 
DECLARATION. 

Whereas  the  Preliminary  Articles  agreed  to,  and  signed 
this  dav,  between  his  Alujestv.  the   Kiny;   of  Great  Britain, 
VOL.  x.  10 


122  COMMISSIONERS  FOR  PEACE. 

and  his  Most.  Christian  Majesty,  on  the  one  part,  and  also 
between  his  said  Britannic  Majesty  and  his  Catholic  Maj 
esty,  on  the  other  part,  stipulate  a  cessation  of  hostilities 
between  those  three  powers,  which  is  to  commence  upon 
the  exchange  of  the  ratifications  of  the  said  Preliminary 
Articles  j  and  whereas  by  the  provisional  treaty  signed  on 
the  thirtieth  of  November  last,  between  his  Britannic  Maj 
esty  and  the  United  States  of  North  America,  it  was  stip 
ulated,  that  the  said  treaty  should  hnve  its  effect  as  soon  as 
peace  between  the  said  Crowns  should  be  established  ;  the 
underwritten  Minister  Plenipotentiary  of  his  Britannic  Maj 
esty  declares,  in  the  name  and  by  the  express  order  of  the 
King,  his  master,  that  the  said  United  States  of  North 
America,  their  subjects  and  their  possessions,  shall  be  com 
prised  in  the  suspension  of  arms  above  mentioned,  and  that 
they  shall,  consequently,  enjoy  the  benefit  of  the  cessation 
of  hostilities,  at  the  same  periods  and  in  the  same  manner 
as  the  three  Crowns  aforesaid,  and  their  subjects  and  .pos 
sessions,  respectively  ;  on  condition,  however,  that  on  the 
part,  and  in  the  name,  of  the  said  United  States  of  North 
America,  there  shall  be  delivered  a  similar  declaration, 
expressing  their  assent  to  the  present  suspension  of  arms, 
and  containing  an  assurance  of  the  most  perfect  reciprocity 
on  their  part. 

In  faith  whereof,  we,  the  Minister  Plenipotentiary  of  his 
Britannic  Majesty,  have  signed  this  present  declaration,  and 
havo  thereto  caused  the  seal  of  our  nnns  to  be  affixed,  at 
Versailles,  ibis  twentieth  day  of  January,  one  thousand 
seven  hundred  and  eighty  three. 

ALLEYNE  FITZHERBERT. 


DIPLOMATIC  CORRESPONDENCE.  [23 


Sip  nature    of  the   above    Declaration    by    the    American 
Commissioners. 

We,  the  underwritten,  Ministers  Plenipotentiary  of  the 
United  States  of  North  America,  having  received  from  Mr 
Fitzherbert,  Minister  Plenipotentiary  of  his  Britannic  Maj 
esty,  a  declaration  relative  to  a  suspension  of  arms  to  be 
established  between  his  said  Majesty  and  the  said  States, 
of  which  the  following  is  a  copy,  viz  ;  [See  the  preceding 
Declaration.] 

We  have,  in  the  name  of  the  said  United  States  of  North 
America,  and  in  virtue  of  the  powers  we  are  vested  with, 
received  the  above  declaration,  and  do  accept  the  same  by 
these  presents,  and  we  do  reciprocally  declare,  that  said 
States  cause  to  cease  all  hostilities  against  his  Britannic 
Majesty,  his  subjects  and  possessions,  at  the  terms  or 
periods  agreed  to  between  his  said  Majesty  the  King  of 
Great  Britain,  his  Majesty  the  King  of  France,  and  his 
Majesty  the  King  of  Spain,  in  the  same  manner  as  stipu 
lated  between  those  three  Crowns,  and  to  have  the  same 
effect. 

In  faith  whereof,  we,  Ministers  Plenipotentiary  from  the 
United  States  of  America,  have  signed  the  present  declara 
tion,  and  have  hereunto  affixed  the  seals  of  our  arms,  at 
Versailles,  the  twentieth  of  January,  one  thousand  seven 
hundred  and  eightythree. 

JOHN  ADAMS, 
B.  FRANKLIN. 


124  COMMISSIONERS  FOR  PEACE. 

BRITISH    KING'S    PROCLAMATION    DECLARING  A    CESSATION 
OF    ARMS. 

By  the   King. 

A  proclamation,  declaring  the  cessation  of  arms,  as  well 
by  sea  as  land,  agreed  upon  between  his  Majesty,  the 
Most  Christian  King,  the  King  of  Spain,  the  States- 
General  of  the  United  Provinces,  and  the  United  States 
of  America,  and  enjoining  the  observance  thereof. 

George  R. 

Whereas  Provisional  Articles  were  signed  at  Paris,  on 
the  thirtieth  day  of  November  last,  between  our  Commis 
sioner  for  treating  of  peace  will)  the  Commissioners  of  the 
United  States  of  America,  and  the  Commissioners  of  the 
said  States,  to  be  inserted  in,  and  to  constitute  the  treaty 
of  peace  proposed  to  be  concluded  between  us  and  the 
said  United  States,  when  terms  of  peace  should  be  agreed 
upon  between  us  and  his  Most  Christian  Majesty  ;  and 
whereas  preliminaries  for  restoring  peace  between  us  and 
his  Most  Christian  Majesty  were  signed  at  Versailles  on 
the  twentieth  day  of  January  last,  by  the  Ministers  of  us 
and  the  Most  Christian  King ;  and  whereas  preliminaries 
for  restoring  peace  between  us  and  the  King  of  Spain 
were  also  signed  at  Versailles  on  the  twentieth  clay  of  Janua 
ry  last,  between  the  Ministers  of  us  and  the  King  of  Spain  ; 
and  whereas  for  putting  an  end  to  the  calamity  of  war,  as 
soon  and  as  far  as  it  may  be  possible,  it  has  been  agreed 
between  us,  his  Most  Christian  Majesty,  the  King  of  Spain, 
the  States-General  of  the  United  Provinces,  and  the  United 
States  of  America,  as  follows,  that  is  to  say  ; 

That  such  vessels  and  effects  as  should  be  taken  in  the 
Channel  and  in  the  North  Seas,  after  the  space  of  twelve 
days,  to  be  computed  from  the  ratification  of  the  said  Pre- 


DIPLOMATIC  CORRESPONDENCE. 


liminary  Articles,  should  be  restored  on  all  sides  ;  that  the 
term  should  be  one  month  from  the  Channel  and  the 
North  Seas,  as  far  as  the  Canary  Islands  inclusively, 
whether  in  the  ocean  or  in  the  Mediterranean  ;  two 
months  from  the  said  Canary  Islands,  as  far  as  the  equi 
noctial  line  or  equator  ;  and,  lastly,  five  months  in  ail  other 
parts  of  the  world,  without  any  exception,  or  any  other 
more  particular  description  of  lime  or  place  ; 

And  whereas  the  ratifications  of  the  said  Preliminary 
Articles,  between  us  and  the  Most  Christian  King,  in  due 
form  were  exchanged  by  the  Ministers  of  us,  and  of  the 
Most  Christian  King,  on  the  third  day  of  this  instant  Feb 
ruary  ;  and  the  ratifications  of  the  said  Preliminary  Articles, 
between  us  and  the  King  of  Spain,  were  exchanged 
between  the  Ministers  of  us  and  of  the  King  of  Spain,  on 
the  ninth  day  of  this  instant  February,  from  which  days, 
respectively,  the  several  terms  above  mentioned,  of  twelve 
days,  of  two  months,  and  five  months,  are  to  be  computed  ; 
and  whereas,  it  is  our  royal  will  and  pleasure,  that  the 
cessation  of  hostilities,  between  us  and  the  States-General 
of  the  United  Provinces,  and  the  United  States  of  Amer 
ica,  should  be  agreeable  to  the  epochs  fixed  between  us 
and  the  Most  Christian  King  ; 

We  have  thought  fit,  by  and  with  the  advice  of  our 
Privy  Council,  to  notify  the  same  to  all  our  loving  subjects; 
and  we  do  declare  that  our  royal  will  and  pleasure  is,  and 
we  do  hereby  strictly  charge  and  command  all  our  officers, 
both  at  sea  and  land,  and  all  our  other  subjects  whatso 
ever,  to  forbear  all  acts  of  hostility,  either  by  sea  or  land, 
against  his  Most  Christian  Majesty,  the  King  of  Spain,  the 
States-General  of  the  United  Provinces,  and  the  United 
States  of  America,  their  vessels,  or  subjects,  from  and  after 


126  COMMISSIONERS  FOR  PEACE. 

the  respective  times  above  mentioned,  and  under  the  pen 
alty  of  incurring  our  highest  displeasure. 

Given  at  our  Court  at  St  James,  the  fourteenth  day  of 
February,  in  the  twentythird  year  of  our  reign,  and  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and  eighty- 
three. 

God  save  the  King. 

ALLEYNE    FITZHERBERT    TO    THE     COMMISSIONERS. 

Paris,  February  18th,  1783. 
Gentlemen, 

I  have  the  honor  to  transmit  to  you  herewith  a 
packet,  containing  one  hundred  passports  for  American 
vessels,  which  I  have  this  moment  received  by  a  cou 
rier  from  England. 

I  take  this  opportunity  of  acquainting  you,  that  a 
proclamation  was  issued  out  in  the  King's  name  on 
the  14th  instant,  making  known  the  cessation  of  hos 
tilities,  which  has  been  agreed  upon  between  the  sev 
eral  belligerent  powers ;  and  declaring  further,  that 
the  several  epochas,  at  which  the  said  armistice  is  to 
commence,  between  his  Majesty  and  the  United  States 
of  North  America,  are  to  be  computed  from  the  third 
day  of  this  instant  February,  being  the  day  on  which 
the  ratifications  of  the  preliminaries  were  exchanged 
between  his  Majesty  and  the  Most  Christian  King.  I 
must  add,  that  his  Majesty  was  induced  to  take  this 
step,  under' the  firm  expectation,  that  you,  Gentlemen, 
will  correspond  to  it  on  your  parts,  by  adopting  the 
same  measure  reciprocally,  in  the  name  of  the  States, 
your  masters. 

J  have  the  honor  to  be,  &,c. 

ALLEYNE  FITZHERBERT. 


DIPLOMATIC  CORRESPONDENCE, 


CESSATION    OF    HOSTILITIES. 

By  the  Ministers  Plenipotentiary  of  the  United 
States  of  America  for  making  peace  with  Great 
Britain, 

A    DECLARATION 

Of  the  cessation  of  arms,  as  well  by  sea  as  land, 
agreed  upon  between  his  Majesty  the  King  of  Great 
Britain  and  the  United  States  of  America. 

Whereas  Preliminary  Articles  were  signed  at  Paris, 
on  the  thirtieth  day  of  November  last,  between  the 
Plenipotentiaries  of  his  said  Majesty  the  King  of  Great 
Britain  and  of  the  said  States,  to  be  inserted  in,  and  to 
constitute  the  treaty  of  peace,  to  be  concluded  between 
his  said  Majesty  and  the  said  United  States,  when 
terms  of  peace  should  be  agreed  upon,  between  his 
said  Majesty  and  his  Most  Christian  Majesty.  And 
whereas  preliminaries  for  restoring  peace,  between 
his  said  Majesty  the  King  of  Great  Britain  and  his 
Most  Christian  Majesty,  were  signed  at  Versailles,  on 
the  twentieth  day  of  January  last,  by  the  respective 
Ministers  of  their  said  Majesties;  and  whereas  pre 
liminaries  for  restoring  peace,  between  his  said  Ma 
jesty  the  King  of  Great  Britain  and  his  Majesty  the 
King  of  Spain,  wyere  also  signed  at  Versailles  on  the 
twentieth  day  of  January  last,  by  their  respective 
Ministers;  and  whereas,  for  putting  an  end  to  the 
calamity  of  war,  as  soon  and  as  far  as  possible,  it  has 
been  agreed,  between  the  King  of  Great  Britain,  his 
Most  Christian  Majesty,  the  King  of  Spain,  the  States- 


jog  COMMISSIONERS  FOR  PEACE. 

General    of   the   United    Provinces,    and    the    United 
States  of  America,  as  follows,  that  is  to  say  ; 

That  such  vessels  and  effects  as  should  be  taken  in 
the  Channel  and  in  the  North  Seas,  after  the  space  of 
twelve  days,  to  be  computed  from  the  ratification  of 
the  said  Preliminary  Articles,  should  be  restored  on  all 
sides  ;  that  the  term  should  he  one  month,  from  the 
Channel  and  North  Seas  as  far  as  the  Canary  Islands, 
inclusively,  whether  the  ocean  or  the  Mediterranean  ; 
two  months  from  the  said  Canary  Islands,  as  far  as  the 
Equinoctial  Line,  or  Equator  ;  and,  lastly,  five  months 
in  all  other  parts  of  the  world,  without  any  exception, 
or  any  other  more  particular  description  of  time  or 
place  ; 

And  whereas  the  ratifications  of  the  said  Prelimi 
nary  Articles  between  his  said  Majesty  the  King  of 
Great  Britain  and  his  Most  Christian  Majesty,  in  due 
form  were  exchanged  by  their  Ministers,  on  the  third 
day  of  this  instant  February,  from  which  day  the 
several  terms  abovementioned,  of  twelve  days,  of  one 
month,  of  two  months,  and  of  five  months,  are  to  be 
computed,  relative  to  .all  British  and  American  vessels 
and  effects  ; 

Now,  therefore,  we,  the  Ministers  Plenipotentiarv 
from  the  United  States  of  America,  for  making  peace 
with  Great  Britain,  do  notify  to  the  people  and  citi 
zens  of  the  said  United  States  of  America,  that  hostil 
ities  on  their  part  against  his  Britannic  Majesty,  both 
by  sea  and  land,  are  to  cease  at  the  expiration  of  the 
terms  herein  before  specified  therefor,  and  which 
terms  are  to  be  computed  from  the  third  day  of  Feb 
ruary  instant.  And  we  do,  in  the  name  and  by  the 


DIPLOMATIC  CORRESPONDENCE.  129 

authority  of  the  said  United  States,  accordingly  warn 
and  enjoin  all  their  officers  and  citizens,  to  forbear  all 
acts  of  hostility  whatever,  either  by  land  or  by  sea, 
against  his  said  Majesty  the  King  of  Great  Britain,  or 
his  subjects,  under  the  penalty  of  incurring  the  high 
est  displeasure  of  the  said  United  States. 

Given  at  Paris,  the  twentieth  day  of  February,  in 
the  year  of  our  Lord  one  thousand  seven  hundred  and 
eightythree,  under  our  hands  and  seals. 

JOHN  ADAMS, 
B.  FRANKLIN, 
JOHN  JAY. 

ROBERT    R.    LIVINGSTON    TO    THE    COMMISSIONERS. 

Philadelphia,  March  25th,  1783. 
Gentlemen, 

I  am  now  to  acknowledge  the  favor  of  your  joint  letter 
by  the  Washington,  together  with  a  copy  of  the  Prelimi 
nary  Articles ;  both  were  laid  before  Congress.  The  Ar 
ticles  have  met  with  their  warmest  approbation*  and  have 
been  generally  seen  by  the  people  in  the1  most  favorable 
point  of  view. 

The  steadiness  manifested  in  not  treating  without  an 
express  acknowledgment  of  your  independence  previous 
to  "a  treaty  is  approved ,  and  it  is  not  doubted  but  it  accel 
erated  t[iat  declaration.  The  boundaries  are  as  extensive 
us  we  have  a  right  to  expect ;  and  we  have  nothing  to 
complain  of  with  respect  to  the  fisheries.  My  sentiments 
as  to  English  debts  you  have  in  a  former  letter.  No 
honest  man  could  wish  to  withhold  them.  A  little  for 
bearance  in  British  creditors,  till  people  have  recovered  in 
par!  from  the  losses  sustained  by  the  war,  will  be  neces- 
VUL.  x.  17 


130  COMMISSIONERS  FOR  PEACE, 

sary  to  render  this  Article  palatable,  and  indeed  to  secure 
more  effectually  the  debt.  The  Article  relative  to  the 
loyalists  is  not  quite  so  accurately  expressed  as  I  could 
wish  it  to  have  been.  What  for  instance  is  intended  by 
real  British  subjects  ?  It  is  clear  to  me  that  it  will  operate 
nothing  in  their  favor  in  any  State  in  the  union,  but  as  you 
made  no  secret  of  this  to  the  British  Commissioners,  they 
will  have  nothing  to  charge  you  with  ;  and  indeed  the  whole 
clause  seems  rather  to  have  been  inserted  to  appease  the 
clamor  of  these  poor  wretches,  than  to  satisfy  their  wants. 
Britain  would  have  discovered  more  candor  and  magna 
nimity  in  paying  to  them  three  month?'  expense  of  the  war 
establishment,  which  would  have  been  an  ample  compen 
sation  for  all  their  losses,  and  left  no  germ  of  dissatisfaction 
to  bud  and  bbom  and  ripen  into  discontents  here.  Anoth 
er  mad  Administration  may  think  the  noncompliance  of 
the  Legislatures  with  the  recommendations  of  Congress  on 
this  subject,  a  sufficient  cause  for  giving  themselves  and  us 
new  troubles.  You  however  were  perfectly  right  in  agree 
ing  to  the  Article,  the  lolly  was  theirs,  who  did  not  either 
insist  upon  more,  or  give  up  this. 

But,  Gentlemen,  though  the  issue  of  your  treaty  has 
been  successful,  though  I  am  satisfied  that  we  are  much 
indebted  to  your  firmness  and  perseverance,  to  your  accu 
rate  knowledge  of  our  situation,  and  of  our  wants  for  this 
success,  yet  L  feel  no  little  pain  at  the  distrust  manifested 
in  the  management  of  it ;  particularly  i»  signing  the  treaty 
without  communicating  it  to  the  Court  of  Versailles  till 
after  the  signaturej  and  in  concealing  the  Separate  Article 
from  it  even  when  signed.  I  have  examined  with  the 
most  minute  attention  all  the  reasons  assigned  in  vour  sev 


eral  letters  to  justify  these   suspicions.     I  confess  they  do 


DIPLOMATIC  CORRESPONDENCE  J3J 

not  appear  to  strike  me  so  forcibly  as  they  have  done 
you  ;  and  it  gives  me  pain,  that  the  character  for  candor 
and  fidelity  to  its  engagements,  which  should  always  char 
acterise  a  great  people,  should  have  been  impeached 
thereby.  The  concealment  was  in  my  opinion  absolutely 
unnecessary  5  for  had  the  Court  of  France  disapproved 
the  terms  you  had  made,  alter  they  had  been  agreed  upon, 
they  could  not  have  acted  so  absurdly  as  to  counteract 
you  at  that  late  day :  and  thereby  put  themselves  in  the 
power  of  an  enemy,  who  would  certainly  betray  them,  and 
perhaps  justify  you  in  making  terms  for  yourselves. 

The  Secret  Article  is  no  otherwise  important,  than  as 
it  carries  in  it  the  seeds  of  enmity  to  the  Court  of  Spain, 
and  shows  a  marked  preference  for  an  open  enemy.  Ft 
would  in  my  opinion,  have  been  much  better  to  have  fixed 
on  the  same  boundaries  for  We^t  Florida,  into  whatever 
hands  it  fell,  without  showing  any  preference,  or  rendering 
concealment  necessary  ;  since  all  the  arguments'  in  favor 
of  the  cession  to  England  would  then  have  operated  with 
equal  force,  and  nothing  have  been  lost  by  it ;  for  there 
can  be  no  doubt,  that  whether  Florida  shall  at  the  close  of 
the  war  be  ceded  to  England  or  to  Spain,  it  will  be  ceded 
as  it  was  held  by  Britain.  The  Separate  Article  is  not,  I 
suppose,  by  this  time  a  secret  in  Europe  ;  it  can  hardly  be 
considered  as  such  in  America.  The  treaty  was  sent  out 
to  the  General  with  this  Article  annexed  by  Sir  Guy 
Carleton,  without  the  smallest  injunction  of  secrecy.  So 
that  I  dare  say  it  has  been  pretty  generally  read  at  head 
quarters.  Congress  still  conceal  it  here.  I  feel  for  the 
embarrassment  explanations  on  this  subject  must  subject 
you  to,  when  this  secret  is  known  to  your  allies. 

1  intended  to  have  submitted  this  letter  to  Congress,  but 


132  COMMISSIONERS  FOR  PEACE. 

I  find  there  is  not  the  least  prospect  of  obtaining  any  de 
cision  upon  it  in  time  to  send  by  this  conveyance,  if  at  all. 
I  leave  you  to  collect  their  sentiments,  as  far  as  I  know 
them,  from  the  following  state  of  their  proceedings.  After 
your  joint  and  separate  letters,  and  the  journals  had  been 
submitted  to  them  by  me,  and  had  been  read,  they  were 
referred  back  to  me  to  report  upon,  when  I  wrote  them 
a  letter,  and  when  it  was  taken  into  consideration,  mo 
tions  were  made  and  debated  a  whole  day.  After  which 
the  letter  and  motions  were  committed,  and  a  report 
brought  in.  This  was  under  consideration  two  days,  when 
the  arrival  of  a  vessel  from  Cadiz  with  letters  from  the 
Count  d'Estaing  and  the  Marquis  de  Lafayette,  containing 
accounts,  that  the  preliminaries  were  signed,  induced  many 
members  to  think  it  would  be  improper  to  proceed  in  the 
report,  and  in  that  state  it  remains  without  any  express 
decision.  From  this  you  will  draw  your  own  inferences. 

I  make  no  apology  for  the  part  1  have  taken  in  this 
business.  1  am  satisfied  you  will  readily  acquit  me  for 
having  discharged  what  1  conceived  to  be  my  duty  upon 
such  a  view  of  things  as  you  presented  to  me.  In  declar 
ing  my  sentiments  freely,  I  invite  you  to  treat  me  with 
equal  candor  in  your  letters,  and  in  sending  original  papers, 
I  guard  against  misrepresentations  that  might  give  you  pain. 
Upon  the  whole  I  haye  the  pleasure  of  assuring  you,  that 
the  services  you  have  rendered  your  country,  in  bringing 
this  business  to  a  happy  issue,  are  very  gratefully  received 
by  them  ;  however  we  may  differ  in  sentiments  about  the 
mode  of  doing  it. 

I  am  sorry  that  the  extreme  negligence  of  the  different 
States,  has  prevented,  and  will  probably  long  prevent,  my 
being  able  to  send  you  a  state  of  the  injury  done  to  real 


DIPLOMATIC  CORRESPONDENCE.  133 

property,  and  the  number  of  slaves  destroyed  and  carried  off 
by  the  British  troops  and  their  allies,  though  no  pains  have 
befen,  or  shall  be  wanting,  on  my  part  to   urge  them  to  it. 
I  have  the  honor  to  be,  Gentlemen, 

ROBERT  R.  LIVINGSTON, 


PROCLAMATION      OF     CONGRESS      DECLARING      A      CESSA 
TION    OP    ARMS. 

By  the  United   States  of  America   in    Congress  as 
sembled. 

A    PROCLAMATION, 

Declaring  the  cessation  of  arms,  as  well  by  sea  as  by 
land,  agreed  upon  between  the  United  States  of  Amer 
ica  and  his  Britannic  Majesty  ;  and  enjoining  the  ob 
servance  thereof. 

Whereas  Provisional  Articles  were  signed  at  Paris 
on  the  30th  day  of  November  last,  between  the  Min 
isters  Plenipotentiary  of  the  United  States  of  America 
for  treating  of  peace,  and  the  Minister  Plenipotentiary 
of  his  Britannic  Majesty,  to  be  inserted  in,  and  to  con 
stitute  the  treaty  of  peace  proposed  to  be  concluded 
between  the  United  States  of  America  and  his  Britan 
nic  Majesty,  when  terms  of  peace  should  be  agreed 
upon  between  their  Most.  Christian  and  Britannic  Ma 
jesties  ;  and  whereas  preliminaries  for  restoring  peace 
between  their  Most  Christian  and  Britannic  Majesties 
were  signed  at  Versailles,  on  the  20th  day  of  January 
last,  by  the  Ministers  of  their  Most  Christian  and 
Britannic  Majesties ;  and  whereas  preliminaries  for 
restoring  peace  between  the  said  King  of  Great  Brit 
ain  and  the  King  of  Spain,  were  also  signed  at  Ver 
sailles  on  the  same  20th  day  of  January  last ; 


134  COMMISSIONERS  FOR  PEACE, 

By  which  said  Preliminary  Articles  it  has  been 
agreed,  that  as  soon  as  the  same  were  ratified,  hostili 
ties  between  the  said  Kings,  their  kingdoms,  states 
and  subjects,  should  cease  in  all  parts  of  the  world  ; 
and  it  was  further  agreed,  that  all  vessels  and  effects 
that  might  be  taken  in  the  Channel  and  in  the  North 
Seas,  after  the  space  of  twelve  days  from  the  ratifica 
tion  of  the  said  Preliminary  Articles,  should  be  re 
stored  ;  that  the  term  should  be  one  month  from  the 
Channel  and  North  Seas  as  far  as  the  Canary  Islands, 
inclusively,  whether  in  the  ocean  or  the  Mediterra 
nean  ;  two  months  from  the  said  Canary  Islands  as  far 
as  the  Equinoctial  line  or  Equator  ;  and  lastly,  five 
months  in  all  other  parts  of  the  world,  without  any 
exception  or  more  particular  description  of  time  or 
place  ; 

And  whereas  it  was  declared  by  the  Minister 
Plenipotentiary  of  the  King  of  Great  Britain,  in  the 
name  and  by  the  express  order  of  the  King  his  master, 
on  the  said  20th  day  of  January  last,  that  the  said 
United  States  of  America,  their  subjects  and  their  pos 
sessions,  shall  be  comprised  in  the  above  mentioned 
suspension  of  arms,  at  the  same  epochs,  and  in  the 
same  manner  as  the  three  Crowns  a'bovementioned, 
their  subjects  and  possessions  respectively  ;  upon  con 
dition,  that  on  the  part  and  in  the  name  of  the  United 
States  of  x\merica,  a  similar  declaration  shall  be  deliv 
ered,  express! v  declaring  their  assent  to  the  said  sus 
pension  of  arms,  and  containing  an  assurance  of  the 
most  perfect  reciprocity  on  their  part ; 

And  whereas  the  Ministers  Plenipotentiary  of  these 
United  States,  did,  on  the  20th  day  of  January,  in  the 


DIPLOMATIC  CORRESPONDENCE.  135 

name  and  by  the  authority  of  the  said  United  States, 
accept  the  said  declaration,  and  declare  that  the  said 
States  should  cause  all  hostilities  to  cease  against  his 
Britannic  Majesty,  his  subjects  and  his  possessions,  at 
the  terms  and  epochs  agreed  upon  between  his  said 
Majesty  the  King  of  Great  Britain,  his  Majesty  the 
King  of  France,  and  his  Majesty  the  King  of  Spain,  so 
and  in  the  same  manner  as  had  been  agreed  upon  be 
tween  those  three  Crowns,  and  to  produce  the  same 
effects ; 

And  whereas  the  ratifications  of  the  said  Prelimi 
nary  Articles,  between  their  Most  Christian  and  Bri 
tannic  Majesties,  were  exchanged  by  their  Ministers 
on  the  3d  day  of  February  last ;  and  between  his 
Britannic  Majesty  and  the  King  of  Spain,  on  the  9th 
day  of  February  last  ; 

And  whereas  it  is  our  will  and  pleasure,  that  the 
cessation  of  hostilities  between  the  United  States  of 
America  and  his  Britannic  Majesty,  should  be  con 
formable  to  the  epochs  fixed  between  their  Most 
Christian  and  Britannic  Majesties  ; 

We  have  thought  fit  to  make  known  the  same  to 
the  citizens  of  these  States  ;  and  we  hereby  strictly 
charge  and  command  all  our  officers,  both  by  sea  and 
land,  and  other  subjects  of  these  United  States,  to  for 
bear  all  acts  of  hostility,  either  by  sea  or  by  land, 
against  his  Britannic  Majesty  or  his  subjects,  from  and 
after  the  respective  times  agreed  upon  between  their 
Most  Christian  and  Britannic  Majesties,  as  aforesaid. 

And  we  do  further  require  all  governors  and  others, 
the  executive  powers  of  these  United  States  respec- 
tively,  to  cause  this  our  proclamation  to  be  made  pub- 


136  COMMISSIONERS  FOR  PEACE. 

lie,  to  the  end  that  the  same    may    be   duly   observed 
within  their  several  jurisdictions. 

Given  under  the  seal  of  the  United  States.  Witness, 
his  Excellency  ELIAS  BOUDINOT,  President,  this 
twelfth  day  of  April,  in  the  year  of  our  Lord  one 
thousand  seven  hundred  and  eightythree,  and  of  the 
sovereignty  and  independence  of  the  United  States  the 
seventh. 


ROBERT    R.    LIVINGSTON    TO    THE    COMMISSIONERS. 

Philadelphia,  April  21st,  1783. 
Gentlemen, 

Upon  the  receipt  of  the  Provisional  Articles,  and  a 
subsequent  account  brought  by  a  vessel,  despatched  by 
Count  d'Estaing,  I  wrote  letters  to  Sir  Guy  Carleton 
and  Admiral  Digby,  to  which  I  received  answers, 
You  will  find  them  cold  and  distant.  Those  they 
wrote  to  the  Minister  of  France,  in  answer  to  similar 
communications  made  by  him,  were  still  more  so,  and 
contain  the  same  illiberal  doubts  which  are  mentioned 
in  mine,  expressed  in  much  stronger  terms.  When 
they  received  an  authentic  account  of  the  treaty,  they 
sent  a  copy  of  it,  (no  part  being  omitted)  to  Congress, 
through  the  General.  When  the  Proclamation  for  the 
cessation  of  hostilities  was  received  at  New  York,  it 
was  sent  to  me  by  an  officer  with  a  letter,  to  which  I 
returned  an  answer. 

After  this  two  great  questions  were  agitated  in  Con 
gress.  1st.  Whether  they  should  proceed  to  the  im 
mediate  ratification  of  the  Provisional  Articles  ;  and 
2dly.  Whether  they  should  release  their  prisoners. 


DIPLOMATIC  CORRESPONDENCE.  137 

Some   maintained  with  respect  to   the  first   of  these 
points,  that  they  knew  not  in   what  light   to   consider 
the  Provisional  Articles,  whether  as  preliminaries  or  a 
definitive  treaty.     That  the  preamble  said  they  were 
to  constitute  the  treaty,  while  at  the  same  time,  they 
were  only  to  be  inserted  in  it.     These  terms  they  con 
sidered  as  contradictory  ;  aod  they  wished  to  have  ex 
planations  from  you  on  this  head,  to  know  what  the 
operation  of  a  ratification  would  be,  and  they  inferred 
from  your   silence,  that  none  was  necessary.     They 
observed,  that  no  time  was  set  for  the   evacuation   of 
New  York  ;  that  the  ratification  would  in  some  meas 
ure  compel  them  to  release    their  prisoners,  and   thus 
strengthen  their  hands,  when  it  was  possible  a  defini 
tive  treaty  might  not  take  effect   between  Great  Brit 
ain    and    France  ;    and   that    the    ratification  and    the 
restoration  of  prisoners,  if  it  left  us   nothing  more  to 
do,  was  in  some  sort  to  desert  our   allies.     To    this  it 
was  answered,  that  the  Provisional  Articles  were  only 
to  be  received  as  preliminary,  that  from  the  very  na 
ture  of  them,  they   could    not  be   definitive ;  that  the 
ratification  would  not  alter   the   nature   of  them,  but 
confirm  them  as  they  stood  ;  that  they  were  confessedly 
very  advantageous  to  us  ;  that  the  neglecting  any  such 
acceptation    of   them    as  was    necessary    on   our   part 
would  give  the   enemy    a    pretence  for  violating  the 
stipulations  they  contained  ;  that  the   principal    points 
between  France  and    Great  Britain   being   settled,  we 
had   no  reason  to  apprehend    a   failure  of  a   definitive 
treaty  ;  that  it  was  important  to  show,   that  we   were 
determined   to  adhere  in  every  particular   to  the  en 
gagements  you  had  made.     These  arguments  prevailed, 

VOL,   X,  18 


138  COMMISSIONERS  FOR  PEACE. 

and  a  resolution  passed  directing  the  ratification  which 
I  enclose.  It  is  probable  that  the  definitive  treaty  will 
be  signed  before  this  can  reach  you,  otherwise  it 
would  be  extremely  desirable  that  some  ambiguities  in 
the  Provisional  Articles  should  be  cleared  up,  and 
other  objects,  which  have  been  at  different  times 
touched  upon  in  my  public  letters,  attended  to. 

The  sixth  Article  is  not  so  precisely  expressed  as  to 
point  out  to  what  time  the  word  future  refers,  whether  to 
the  signature  of  the  Provisional  Articles,  whether  to  the  act, 
which  gave  it  the  force  of  a  treaty,  or  to  the  definitive 
treaty.  Though  I  should  suppose  the  second  to  be  the  in 
tention  from  the  opposition  between  the  words  now,  and 
the  time  of  the  ratification  in  America. 

The  seventh  Article  leaves  the  time  for  the  evacuation  of 
New  York  upon  so  loose  a  footing,  that  I  fear  our  trouble 
some  guests  will  long  continue  to  be  such,  unless  a  day  is 
fixed  on  for  their  departure,  in  the  definitive  treaty.  You 
can  easily  conceive  the  impatience  that  the  distressed  in 
habitants  of  New  York  feel  at  every  moment's  delay  ;  and 
the  fears  and  jealousies  that  prevail  among  them  lest  it 
should  be  meant  to  retain  these  posts  as  pledges  for  the 
performance  of  the  stipulations  in  favor  of  the  tories.  By 
the  debates  in  Parliament  on  the  3d  of  March,  it  is  evident 
that  they  had  then  no  orders  to  evacuate. 

You  will  observe  that  the  ratification  does  not  extend  to 
the  Separate  Article.  The  treaty  between  Spain  and  Great 
Britain  renders  it  unnecessary ;  and  Congress  not  caring 
to  express  any  sentiment  upon  that  subject,  I  refer  you  to 
my  letters  to  Dr  Franklin  and  Mr  .lay  upon  the  subject  of 
a  free  trade  with  the  West  Indies,  and  the  logwood  trade, 
which  are  important  objects  here  ;  and,  I  hope,  will  be  at- 


DIPLOMATIC  CORRESPONDENCE.  ^9 

tended  to  in  your  definitive  treaty.  It  were  to  be  wished 
that  the  ambiguity  with  respect  to  the  time  of  the  cessa 
tion  of  hostilities  upon  this  coast  was  cleared  up,  and  the 
construction  we  put  upon  it  adopted,  to  wit,  that  by  as  far 
as  the  Canaries,  was  intended  the  latitude  of  the  Cana 
ries,  which  construction  can  be  supported  by  a  variety  of 
arguments,  and  is  extremely  important  to  us,  as  a  number 
of  our  vessels  have  been  taken  since  the  3d  of  March. 
I  have  the  honor  to  be,  &c. 

ROBERT  R.  LIVINGSTON. 


MR    GRAND    TO    THE    COMMISSIONERS. 

Paris,  May  10th,  1783. 

Gentlemen, 

It  is  some  months  ago  since  I  had  the  honor  to  write 
you,  and  am  well  persuaded,  although  I  received  no  answer 
thereto,  that  it  will  have  engaged  your  attention.  I  earn 
estly  wish  it  may  have  been  productive  of  an  improvement 
to  the  finances  of  Congress,  which  I  then  foresaw  would 
be  short  of  our  wants,  and  which  is,  unfortunately,  too 
much  the  case  at  present. 

Last  month,  I  remitted  to  the  honorable  Robert  Morris, 
the  state  of  his  account;  the  balance  of  which  was 
413,892  livres  13c.  9s.  due  to  me.  This,  added  to  the 
subsequent  payments  I  had  to  make,  would  have  thrown 
me  into  a  state  of  perplexity,  had  it  not  been  for  the  assis 
tance  given  me  by  the  Garde  du  Tresor  RoyaL 

You  will  see,  Gentlemen,  by  the  statement  1  have  the 
honor  to  enclose  for  your  consideration,  that  the  sums  I 
am  to  pay,  exceed  by  one  million  those  that  are  to  be  paid 
me.  And  making  even  abstraction  of  all  that  is  not  Mr 


140  COMMISSIONERS  FOR.  PEACE. 

Morris'  bill,  there  still  remains  a  defect  of  500,000  livres, 
independent  of  the  allowance  to  be  made  for  his  usual 
wants,  from  January  24th  (date  of  his  last  bills)  up  to  the 
12th  of  March. 

I  am  happy  to  have  it  in  my  power  to  say,  that  I  have 
exerted  to  this  instant,  all  that  my  zeal  and  my  faculties 
could  suggest  to  me.  Did  the  last  keep  pace  with  the 
former,  I  should  never  have  applied  but  to  them.  How 
ever,  the  state  of  affairs  is  such  now,  that  a  resolution  must 
be  taken  relative  thereto ;  and,  even,  without  delay ;  the 
bearers  of  Mr  Morris's  bills  growing  so  urgent  upon  me,  that 
rather  than  to  have  occasioned  any  difficulty  before  I 
could  be  informed  of  your  resolution,  I  preferred  accept 
ing  a  further  sum  of  54,000  livres  this  day. 

I  crave  your  Excellencies  will  honor  me  with  a  quick 
answer  ;  meantime,  I  remain  &c. 

GRAND. 

State  of  the  Finances  of  Congress  at  Paris,   on  the  10th 
of  May,  1783. 

Balance   due   to   me   on   the   last   ac 
count,  Livres  413,892  13     9 

Sums  paid  by  his  Excellency  Benjamin 

Franklin's  orders,  172,001     5     1 

The  honorable  Robert  Morris's  drafts  to 

be  paid,  1,872,871      1    10 

His  fresh  drafts  from  January  24th,  at 
60  days  sight,  of  which  I  have  already 
accepted  54,000  livres,  804,371  8 

3,263,136     8     8 
Carried  forward, 


DIPLOMATIC  CORRESPONDENCE.  141 

Brought  forward,  3,263,136     8     8 

Interest  on  the  Dutch  Loan,  400,000 
Sabatier  &t  Desprez'  claim 
for  articles   to    the  Mar 
quis  de  Lafayette,  134,000 

534,000 


Livres  3,797,136     8     8 


M.    DE    LAFAYETTE    TO    THE    COMMISSIONERS. 

Paris,  May  12th,  1783. 
Gentlemen, 

Having  yesterday  conferred  with  Count  de  Vergennes 
upon  some  public  concerns,  he  requested  I  would  tell  you 
what,  instead  of  troubling  you  with  the  demand  of  a  meet 
ing,  I  think  better  to  mention  in  this  note. 

The  several  powers,  said  he,  are  going  to  make  up  their 
treaties,  and  when  ready  to  sign,  they  will,  of  course, 
meet  to  do  it  all  together.  The  mediation  of  the  Emperor 
and  that  of  Russia  have  been  required,  and  under  that  me 
diation  the  French  treaty  will  be  signed  ;  it  now  rests  with 
America  to  know,  if  she  will  conclude  her  treaty  under  the 
mediation,  or  chooses  to  let  it  alone.  There  is  no  neces 
sity  for  it.  But,  in  case  you  prefer  to  have  it,  Count  de 
Vergennes  thinks  it  is  time  to  join  with  England  in  making 
a  combined  application  to  the  Court  of  Vienna  and  that  of 
Petersburg. 

So  far,  Gentlemen,  I  have  been  requested  to  speak  to 
you.  I  will  add,  that  from  my  last  conference?  on  the 
subject,  I  hope  we  may  get  the  harbor  of  L'Orient,  as  we 
have  wished,  for  the  American  trade. 

Be  pleased  to  accept  the  assurances  of  my  great  and 
affectionate  respect.  LAFAYETTE. 


142  COMMISSIONERS  FOR  PEACE 


George  R. 

George  the  Third,  by  the  Grace  of  God,  King  of  Great 
Britain,  France  and  Ireland,  Defender  of  the  Faith,  Duke 
of  Brunswick  and  Lunenburg,  Arch  Treasurer  and 
Prince  Elector  of  the  Holy  Roman  Empire,  and  so  forth, 
to  all  to  whom  these  presents  shall  come,  Greeting. 

Whereas,  for  the  perfecting  and  establishing  the  peace, 
friendship,  and  good  understanding  so  happily  commenced 
by  the  Provisional  Articles  signed  at  Paris,  the  thirtieth  day 
of  November  last,  by  the  Commissioners  of  us,  and  our 
good  friends,  the  United  States  of  America,  viz ;  New 
Hampshire,  Massachusetts  Bay,  Rhode  Island,  Connecti 
cut,  New  York,  New  Jersey,  Pennsylvania,  the  three 
lower  Counties  on  Delaware,  Maryland,  Virginia,  North 
Carolina,  South  Carolina,  and  Georgia,  in  North  America, 
and  for  opening,  promoting,  and  rendering  perpetual,  the 
mutual  intercourse  of  trade  and  commerce,  between  our 
kingdoms  and  the  dominions  of  the  said  United  States, 
we  have  thought  proper  to  invest  some  fit  person  with 
full  powers  on  our  part  to  meet  and  confer  with  the  Minis 
ters  of  the  said  United  States,  now  residing  at  Paris,  duly 
authorised  for  the  accomplishing  of  such  laudable  and  sal 
utary  purposes. 

Now  know  ye,  that  we,  reposing  special  trust  and  confi 
dence  in  the  wisdom,  loyalty,  diligence,  and  circumspection 
of  our  trusty  and  well  beloved  David  Hartley,  (on  whom 
we  have  heretofore  conferred  the  rank  of  our  Minister  Plen 
ipotentiary,)  have  nominated,  constituted  and  appointed, 
and  by  these  presents  do  nominate,  constitute  and  appoint 
him,  our  true,  certain,  and  undoubted  Commissioner,  Pro- 


DIPLOMATIC  CORRESPONDENCE.  143 

curator,  and  Plenipotentiary  ;  giving  and  granting  to  him  all, 
and  all  manner  of  faculty,  power,  and   authority,  together 
with  general,  as  well  as  special  order  (so  as  the  general 
do  not  derogate  from  the  special,  nor  on  the  contrary,)  for 
us,  and  in  our  name,  to  meet,  confer,   treat,  and  conclude 
with  the   Minister  or  Ministers,  furnished   with    sufficient 
powers,  on  the  part  of  our  said    good  friends,  the  United 
States  of  America,  of  and  concerning  all  such  matters  arid 
things  as  may  be  requisite  and  necessary  for  accomplishing 
and  completing  the  several   ends  and  purposes  herein   he- 
fore  mentioned,  and  also   for  us,    and  in  our  name  to  sign 
such  treaty  or  treaties,  convention  or  conventions,  or  other 
instruments   whatsoever,  as  may   be   agreed   upon   in  the 
premises;  and  mutually  to  deliver  and  receive  the  same  in 
exchange,  and  to  do   and  perform  all  such  other  acts,  mat 
ters,  and  things,  as  may  be  anyways  proper  and  conducive 
to  the  purposes  abovernentioned,  in  as  full  and  ample  form 
and  manner,  and  with  the  like   validity  and    effect,   as  we 
ourself,  if  we  were  present,  could    do   and    perform   the 
same ;    engaging  and    promising,  on  our  royal  word,   that 
\ve  will   accept,  ratify,   and  confirm   in  the   most   effectual 
manner  all  such  acts,   matters,   and   things,  as  shall  be  so 
transacted   and  concluded   by  our  aforesaid  Commissioner, 
Procurator,  and   Plenipotentiary,  and   that  we   will  never 
suffer  any   person  to   violate  the   same,  in  the  whole,  or  in 
part,  or  to  act  contrary  thereto. 

In  testimony  and  confirmation  of  all  which,  we  have 
caused  our  great  seal  of  Great  Britain  to  be  affixed  to 
these  presents,  signed  with  our  royal  hand. 

Given  at  our  palace  at  St  James,  the  fourteenth  day  of 
May,  in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  eightythree,  and  the  twentvthird  vear  of  our  reign. 


144  COMMISSIONERS  FOR  PEACE. 

I,  David  Hartley,  the  Minister  abovementioned,  certify 
the  foregoing  to  be  a  true  copy  from  my  original  commis 
sion,  delivered  to  the  American  Ministers  this  19th  day  of 
May,  1783. 

D.  HARTLEY. 


AN    ORDER    OF    THE    BRITISH    COUNCIL. 

Copy  of  the  Order  in  Council,  the  14th  of  May,  1783, 
read  to,  and  left  with  the  American  Ministers,  this  21st 
day  of  May,  1783,  by  Mr  Hartley. 

At  the  Court  of  St  James,  May  14th,  1783. 

Present.  The  King's  Most  Excellent  Majesty  in 
Council. 

Whereas,  by  an  act  of  Parliament  passed  this  session, 
entitled,  "An  Act  for  preventing  certain  instruments  from 
being  required  from  ships  belonging  to  the  United  States 
of  America,  and  to  give  to  his  Majesty,  for  a  limited  time, 
certain  powers  for  the  better  carrying  ou  trade  and  com 
merce  between  the  subjects  of  his  Majesty's  dominions  and 
the  inhabitants  of  the  said  United  States,"  it  is,  among 
other  things,  enacted,  that,  during  the  continuance  of  the 
said  act,  it  shall,  and  may  be  lawful  for  his  Majesty  in 
Council,  by  order  or  orders  to  be  issued  and  published 
from  time  to  time,  to  give  such  directions,  and  to  make 
such  regulations  with  respect  to  duties,  drawbacks,  or 
otherwise,  for  carrying  on  the  trade  and  commerce  be 
tween  the  people  and  territories  belonging  to  the  Crown  of 
Great  Britain,  and  the  people  and  territories  of  the  said 
United  States,  as  to  his  Majesty  in  Council  shall  appear 
most  expedient  and  salutary,  any  law,  usage,  or  custom  to 


DIPLOMATIC  CORRESPONDENCE.  145 

the  contrary  notwithstanding.  His  Majesty,  does,  there 
fore,  by,  and  with  the  advice  of  his  Privy  Council,  here 
by  order  and  direct,  that  any  oil,  or  unmanufactured  goods 
or  merchandises,  being  the  growth  or  production  of  any  of 
the  territories  of  the  said  United  States  of  America,  may, 
(until  further  order)  be  imported  directly  from  thence  into 
any  of  the  ports  of  this  kingdom,  either  in  British  or  Amer 
ican  ships,  by  British  subjects,  or  by  any  of  the  people  in 
habiting  in,  and  belonging  to  the  said  United  States,  or  any 
of  them,  and  such  goods  and  merchandises  shall  and  may 
be  entered  and  landed  in  any  port  in  this  kingdom,  upon 
payment  of  the  same  duties,  as  the  like  sort  of  goods  are, 
or  may  be  subject  and  liable  to,  if  imported  by  British 
subjects  in  British  ships  from  any  British  island  or  planta 
tion  in  America,  and  no  other,  notwithstanding  such  goods 
or  merchandises,  or  the  ships  in  which  the  same  may  be 
brought,  may  not  be  accompanied  with  the  certificates,  or 
other  documents  heretofore  required  by  law ;  and  it  is 
hereby  further  ordered  and  directed,  that  there  shall  be 
the  same  drawbacks,  exemptions,  and  bounties  on  mer 
chandises  and  goods  exported  from  Great  Britain  into  the 
territories  of  the  said  United  States  of  America,  or  any  of 
them,  as  are  allowed  upon  the  exportation  of  the  like 
goods  or  merchandise,  lo  any  of  the  islands,  plantations,  or 
colonies  belonging  to  the  Crown  of  Great  Britain  in  Amer 
ica  ;  and  it  is  hereby  further  ordered  and  directed,  that  all 
American  ships  and  vessels,  which  shall  have  voluntarily 
come  into  any  port  of  Great  Britain,  since  the  20th  of 
January,  1783,  shall  be  admitted,  together  with  the  goods 
and  merchandises  on  board  the  same  ships  and  vessels,  to 
the  full  benefit  of  this  order ;  and  the  Right  Honorable 
VOL.  x.  19 


146  COMMISSIONERS  FOR  PEACE. 

the  Lords,  Commissioners  of  his  Majesty's  Treasury,  and 
the  Lords,  Commissioners  of  the  Admiralty,  are  to  give 
the  necessary  directions  herein,  as  to  them  may  respec 
tively  appertain.* 

WILLIAM  FAWKNER. 


COUNT    DK    VERGENNES5    PROPOSED     NEW    ARTICLES. 

[Delivered  to  Dr  Franklin  on  the  20th  of  May,  1733.] 

Translation. 

The  intention  of  his  Most  Christian  Majesty  and  the 
United  States  of  North  America,  in  concluding  between 
them  a  treaty  of  amity  and  commerce,  having  been,  that 
their  respective  subjects  should  enjoy  all  the  advantages, 
privileges,  and  exemptions,  which  the  most  favored  na 
tions  enjoy  01-  may  enjoy,  and  his  said  Majesty  and  the 
United  States,  wishing  to  prevent  any  misunderstandings 
that  may  arise  by  a  false  application  of  the  2d  and  3d 

*  See  the  following  Papers  in  Henry  Laurens's  Correspondence, 
Vol.  II.  pp.  499—502,  viz. 

1.  Articles   proposed  to   the   American   Commissioners    by    Mr 
Hartley. 

2.  Mr  Hartley's  proposed  Article  of  Agreement,  delivered  by  him 
to  the  American  Commissioners  for  their  consideration,  May  21st, 
1783. 

3.  Observations   and  propositions  of  Mr  Hartley,   left  with  the 
American  Ministers,  May  21st,  1783. 

Also  in  Franklin's  Correspondence,  Vol.  IV.  pp.  78,  80,  92,  and  the 
following,  viz. 

1.  Cjnciliatory  Propositions. 

2.  Sketch  of  a  Provisional  Treaty  of  Commerce. 

3.  Supplemental  Treaty. 


DIPLOMATIC  CORRESPONDENCE  147 

Articles  of  the  treaty  of  commerce  of  February  6th,  1773, 
have  thought  it  proper  to  determine  in  a  precise  manner 
the  principles  which  ought  to  be  followed  on  one  part  and 
the  other,  concerning  the  matter  in  question.  In  conse 
quence,  it  is  proposed,  that  his  Majesty  and  the  Congress 
of  the  United  States  agree  to  the  following  Articles. 

ARTICLE  i.  To  interpret,  as  far  as  is  necessary,  the  2d 
Article  of  the  treaty  of  amity  and  commerce,  concluded 
February  6th,  1778,  the  United  States  declare,  that  all 
the  advantages,  privileges,  and  exemptions,  which  are 
accorded,  or  may  be  accorded  hereafter,  in  regard  to  nav 
igation  and  commerce,  to  any  nation,  power,  or  state, 
whatever,  shall  be  common  to  the  French  nation,  and  that 
these  shall  be  enjoyed  conformably  to  Article  3d  of  the 
treaty,  in  such  manner  that  in  no  case,  or  under  any  pre 
text,  shall  the  said  United  States  exact  any  compensation 
from  his  Most  Christian  Majesty. 

ARTICLE  n.  His  Most  Christian  Majesty  promises 
and  engages  on  his  part,  to  cause  the  subjects  of  the  United 
States  to  enjoy,  in  conformity  with  the  3d  Article  above- 
mentioned,  all  the  advantages,  privileges,  arid  exemptions, 
which  the  most  favored  nations  now  enjoy,  or  may  enjoy 
hereafter,  and  that  without  exacting  any  compensation  from 
the  said  States. 


TO    MR    GRAND. 

Paris,  May  22th,  1783. 

Sir, 

We  have  received  the  letter  you  did  us  the  honor 
to  write  us  on  the  10th  day  of  this  month,  containing  a 
brief  state  of  the  affairs  of  the  United  States,  in  your  hands. 


]4S  COMMISSIONERS  FOR  PEACE. 

We  see  the  difficulties  you  are  in,  and  are  sorry  to  say 
that  it  is  not  in  our  power  'to  afford  you  any  relief. 
We  have  the  honor  to  be,  Sir,  &ic. 

JOHN  ADAMS, 
B.  FRANKLIN, 
JOHN  JAY. 

ROBERT    R.    LIVINGSTON    TO    THE     COMMISSIONERS. 

Philadelphia,  May  28th,  1783. 
Gentlemen, 

By  the  direction  of  Congress  contained  in  the  enclosed 
resolutions,  I  have  the  honor  to  transmit  you  the  correspon 
dence  between  General  Washington  and  Sir  Guy  Carleton, 
together  with  minutes  of  their  conference,  when  in  pursu 
ance  of  the  invitation  of  the  first,  they  met  in  Orange  county. 
Nothing  can  be  a  more  direct  violation  of  the  seventh  Article 
of  the  provisional  treaty,  than  sending  off  the  slaves,  under 
pretence,  that  their  Proclamations  had  set  them  free,  as  if 
a  British  General  had,  either  by  their  laws  or  those  of 
nations,  a  right  by  Proclamation,  to  deprive  any  man  what 
ever  of  his  property.  They  may  with  much  more  pro 
priety  pretend  to  re-establish  every  one  of  their  adherents 
in  all  the  rights  they  had  before  the  war,  since -they  en 
gaged  so  to  do,  and  the  people  with  whom  they  made 
these  engagements  were  capable  of  entering  into  them, 
which  slaves  were  not.  Or  even  if  they  were,  the  promise 
made  to  them  must  be  under  the  same  limitations  with 
those  made  to  their  other  adherents  in  this  country,  and 
amounts  to  nothing  more  than  this  ;  "make  yourselves  free, 
and  we  will  protect  you  in  that  freedom  as  long  as  we  can." 
The  Articles  imply,  that  they  were  no  longer  able  to  pro 
tect  them.  You  will  be  pleased  to  remonstrate  on  this 


DIPLOMATIC  CORRESPONDENCE.  149 

subject,  and  inform  Congress  of  the  effects  of  your  repre 
sentations. 

We  have  been  much  embarrassed  by  your  silence,  not 
having  had  a  line  from  you  since  the  Provisional  Articlei 
took  effect,  nor  being  at  all  acquainted  with  the  progress 
of  the  definitive  treaty  ;  though  the  earliest  information  on 
this  subject  becomes  very  important.  Congress,  after 
some  hesitation  have  ventured  to  hope,  that  it  will  meet 
with  no  obstructions,  and  have  accordingly  discharged  by 
the  enclosed  resolution  a  considerable  part  of  their  army 
upon  those  principles  of  economy  which  extreme  necessity 
dictated.  As  scarce  a  week  passes  without  several  arrivals 
from  France,  Congress  complain  with  some  reason  of  your 
silence.  For  my  own  part  I  could  wish,  that  you  would 
severally  impose  upon  yourselves  the  task  of  writing 
weekly,  and  sending  your  letters  to  Mr  Barclay.  As  you 
are  possessed  of  cyphers,  there  can  be  no  hazard  in  this, 
where  the  subject  of  your  correspondence  requires  secrecy. 
I  have  the  honor  to  be,  &ic. 

ROBERT  R.  LIVINGSTON. 


ROBERT    R.    LIVINGSTON    TO    THE    COMMISSIONERS. 

Philadelphia,  May  31st,  1783. 
Gentlemen, 

Congress  yesterday  passed  the  enclosed  resolutions 
on  the  subject  of  the  payment  of  British  debts.  The 
language  they  speak  requires  no  comment. 

I  complained  in  my  last  of  your  long  silence,  or 
rather  laid  before  you  the  complaints  of  Congress. 
These,  I  think  receive  additional  force  from  the  intel 
ligence  that  I  have  since  had,  that  the  negotiations  are 


150  COMMISSIONERS  FOR  PEACE, 

still  going  on  ;  and  that  important  propositions  have 
been  made  you  from  Holland.  As  Congress  have  ad 
journed  for  two  days,  and  the  packet  sails  tomorrow,  I 
cannot  procure  their  instructions  on  this  subject ; 
though  I  think  I  may  venture  to  say  that  they  will  not 
without  reluctance  go  one  step  further  than  their 
honor  requires  of  them  in  making  new  engagements 
which  may  involve  them  in  the  disputes  of  Europe, 
from  which  they  wish  to  be  totally  disengaged.  I 
make  no  observations  on  these  propositions,  or  your 
power  to  accede  to  them,  being  well  persuaded  that 
you  will  take  no  step  in  this  business  without  a  full 
persuasion  that  important  advantages  will  result  there 
from  to  these  States.  The  second  proposition,  in  case 
France  and  Spain  should  decline  acceding  to  the  first, 
is  more  peculiarly  delicate  from  the  inability  of  the 
contracting  powers  to  enforce  them  :  if,  which  is 
hardly  to  be  supposed,  they  should  unite  in  wish 
ing  it. 

I  cannot  help  lamenting  since  so  much  time  has 
elapsed  before  any  conclusion  is  formed,  that  you  had 
not  thought  it  advisable  to  write  me  on  this  subject, 
explaining  the  advantages  and  disadvantages  of  the 
measure,  and  enabling  me  to  take  the  sense  of  Con 
gress  thereon  ;  for  though  they  have  the  highest  con 
fidence  in  your  judgment  and  knowledge  of  the  true 
interests  of  this  country,  yet  I  am  persuaded  that  they 
think  it  a  duty  to  see  with  their  own  eyes  ;  and  to 
form  their  own  conclusions  on  great  national  objects, 
where  there  is  a  possibility  of  so  doing.  The  experi 
ence  of  the  last  war  has  shown  that  the  propositions  of 
the  Empress  of  Russia  were  little  more  than  a  dead 


DIPLOMATIC  CORRESPONDENCE.  i5j 

letter.  Those  whom  England  dared  to  offend  derived 
no  advantage  from  them.  Our  engagement  therefore 
on  this  head  will,  in  my  opinion,  add  little  weight  to 
them,  unless  the  great  maritime  powers  of  Europe 
agree  to  support  them,  and  they  may  involve  us  in 
disagreeable  discussions.  These  however  are  only  my 
sentiments;  those  of  Congress  I  am  ignorant  of. 

The  fifth  and  sixth  Articles  of  the  provisional  treaty 
excite  much  ferment  here.  For  though  the  most  dis 
satisfied  spirits  acknowledge  the  whole  treaty  taken 
together  to  answer  their  highest  expectations,  yet  they 
wish  to  take  only  what  they  like,  and  leave  out  what 
they  disapprove  ;  and  such  is  the  relaxation  of  gov 
ernment,  and  so  great  the  disorder  and  uneasiness  in 
troduced  by  the  war,  that  it  will  be  found  very  diffi 
cult  to  bridle  the  just  resentments  of  some,  and  the 
unfounded  apprehensions  that  others  entertain  of  re 
imbursement  that  may  effect  their  particular  interests. 
I  have  the  honor  to  be,  &c. 

ROBERT  R.  LIVINGSTON. 


June, 1783 
AUTICLES 

Agreed  upon  by  and  between  David  Hartley,  Minis 
ter  Plenipotentiary  of  his  Britannic  Majesty  for  and  in 
behalf  of  his  said  Majesty,  on  the  one  part,  and  John 
Adams,  Benjamin  Franklin,  John  Jay,  and  Henry 
Laurens,  Ministers  Plenipotentiary  of  the  United 
States  of  America,  for  treating  of  peace  with  the  Min 
ister  Plenipotentiary  of  his  said  Majesty,  on  their  be 
half;  on  the  other  part, 


152  COMMISSIONERS  FOR  PEACE 

In  addition  to  those  Articles  agreed  upon,  on  the 
30th  day  of  November,  1782,  by  and  between  Richard 
Oswald,  the  Commissioner  of  his  Britannic  Majesty  for 
treating  of  peace  with  the  Commissioners  of  the  Uni 
ted  States  of  America,  in  behalf  of  his  said  Majesty,  on 
the  one  part,  and  the  said  John  Adams,  Benjamin 
Franklin,  and  Henry  Laurens,  Commissioners  of  the 
said  States,  for  treating  of  peace,  with  the  Commis 
sioner  of  his  said  Majesty,  on  their  behalf,  on  the 
other  part ; 

Whereas  it  is  expedient,  that  intercourse  and  com 
merce  should  be  opened,  between  the  people  and  terri 
tories  subject  to  the  Crown  of  Great  Britain  and  those 
of  the  United  States  of  America,  and  that  this  inter 
course  and  commerce  should  be  established  on  the 
most  enlarged  principles  of  reciprocal  benefit  to  both 
countries  ; 

1st.  It  is  agreed,  that  Ministers  shall  be  forthwith 
nominated  and  vested  with  full  powers,  to  treat,  agree, 
and  conclude,  upon  a  permanent  treaty  of  commerce 
between  the  two  powers  and  their  respective  citizens, 
subjects  and  countries. 

2dly.  For  the  purpose  of  a  temporary  regulation  of 
such  intercourse  and  commerce,  it  is  agreed, 

That  the  citizens  of  the  United  States  shall  import 
into,  and  export  from,  any  part  of  the  dominions,  sub 
ject  to  the  Crown  of  Great  Britain,  in  American  ships, 
any  goods,  wares,  and  merchandises,  which  have  been 
so  imported,  or  exported,  by  the  inhabitants  of  the 
British  American  Colonies  before  the  commencement 
of  the  late  war,  paying  only  the  same  duties  and 
charges,  as  the  like  sort  of  goods  or  merchandises 


DIPLOMATIC  CORRESPONDENCE. 


153 


are  now,  or  may  be,  subject  to,  if  imported  by  British 
subjects,  in  British  ships,  from  any  British  island,  or 
plantation  in  America;  and  that  the  subjects  of  his 
Britannic  Majesty  shall  import  to,  and  export  from, 
any  part  of  the  territories  of  the  United  States  of 
America,  in  British  ships,  any  goods,  wares,  and  mer 
chandise,  which  might  have  been  so  imported,  or  ex 
ported,  by  the  subjects  of  his  Britannic  Majesty,  before 
the  commencement  of  the  war,  paying  the  same  duties 
and  charges,  as  the  like  sort  of  goods,  wares,  and  mer 
chandises  are  now,  or  may  be,  subject  to,  if  imported 
in  American  ships,  by  any  of  the  citizens  of  the  said 
United  States. 

This  agreement  to  continue  in  force  for  all  vessels, 
which  shall  sail  from  any  port  of  either  party,  on  or 
before  the  day  of  and  no  longer; 

provided  always,  that  nothing  in  this  agreement  shall 
at  any  time  hereafter  be  argued  on  either  side,  in  sup 
port  of  any  proposition,  which  may  be  made  in  the 
future  negotiation  of  a  permanent  treaty  of  commerce. 


June,  1783. 

Whereas  a  variety  of  circumstances  and  considerations 
oppose  the  forming  at  present  a  permanent  treaty  of  com 
merce,  between  the  Imperial  Crown  of  Great  Britain  and 
the  United  States  of  America  ;  and  whereas  it  is  expedient 
that  a  commercial  intercourse  should  be  without  delay 
opened  and  regulated  between  the  kingdom  and  territories 
of  Great  Britain  and  the  said  States,  by  a  temporary  con 
vention,  therefore, 

20 


154  COMMISSIONERS  FOR  PEACE. 

It  is  agreed  that  for  the  term  of  from  the 

date  hereof,  &c.  &c. 

Provided  that  the  subjects  of  his  Britannic  Majesty  shall 
not  have  any  right  or  claim  under  the  convention,  to  carry 
or  import,  into  the  said  States  any  slaves  from  any  part  of 
the  world  ;  it  being  the  intention  of  the  said  States  entirely 
to  prohibit  the  importation  thereof. 

And  whereas  questions  may  arise  respecting  the  opera 
tion  of  this  convention  on  Ireland,  it  is  agreed  that  it  shall 
not  restrain  that  kingdom  from  accepting  from,  and  grant 
ing  to,  the  said  States  further  and  more  extensive  com 
mercial  privileges  than  that  Island  and  the  British  Amer 
ican  Colonies  enjoyed  with  respect  to  each  other  before 
the  late  war. 

And  whereas  this  convention  is  dictated  by  temporary 
convenience,  and  the  discussion  of  questions  respecting 
reciprocity  has,  in  forming  it,  been  avoided  ;  therefore,  it 
is  agreed,  that  no  arguments  shall  be  drawn  from  it,  for  or 
against  any  propositions  or  claims,  which  either  party  may 
make  in  treating  of,  and  framing  the  proposed  future 
treaty  of  commerce. 

DAVID  HARTLEY'S  PROPOSED  AGREEMENT. 

June,  1783. 

It  is  agreed,  that  the  citizens  of  the  United  States  of 
America  shall  be  permitted  to  import  into,  and  export  from, 
any  port  or  place  of  the  territories  belonging  to  the  Crown 
of  Great  Britain,  in  American  ships,  any  goods,  wares  and 
merchandise,  which  might  have  been  so  imported  by  the 
inhabitants  of  the  British  American  Colonies  before  the 
commencement  of  the  late  war,  upon  payment  of  the  same 


DIPLOMATIC  CORRESPONDENCE. 


155 


duties  and  charges,  as  the  like  sort  of  goods  or  merchan 
dise  are  now,  or  may  be,  subject  and  liable  to,  if  imported 
or  exported  by  British  subjects,  in  British  ships,  into  and 
from  any  port  or  place  of  the  territories  belonging  to  the 
Crown  of  Great  Britain  ;  provided,  however,  that  the  citi 
zens  of  the  United  States  shall  not  have  any  right  or  claim, 
under  this  convention,  to  carry  on  any  direct  intercourse  of 
commerce  between  the  British  West  India  Islands  and  the 
ports  of  Great  Britain. 

It  is  agreed,  likewise,  that  the  subjects  of  Great  Britain 
shall  be  permitted  to  import  into,  and  to  export  from,  any 
part  of  the  territories  of  the  United  States  of  America,  in 
British  ships,  any  goods,  wares,  and  merchandise,  which 
might  have  been  so  imported,  or  exported,  by  the  subjects 
of  Great  Britain  before  the  commencement  of  the  late  war, 
upon  payment  of  the  same  duties  and  charges,  as  the  like 
sort  of  goods,  wares,  and  merchandise  are  now,  or  may  be, 
liable  to,  if  imported,  or  exported,  in  American  ships  by 
the  citizens  of  the  United  States  of  America. 


REPORT  OF  A  COMMITTEE  OF  CONGRESS. 

By  the  United  States  in  Congress  assembled,  June  12th, 
1783. 

The  Committee,  to  whom  was  referred  a  report  of  the 
Secretary  for  Foreign  Affairs,  on  a  letter  of  the  20th  of 
March  last  from  M.  Dumas,  and  sundry  papers  enclosed, 
report ; 

That  it  appears  from  the  said  letter  and  the  papers  en 
closed,  that  propositions  have  been  made,  on  the  part  of 
the  States-General,  to  the  Ministers  of  the  United  States  of 


*: 

156  COMMISSIONERS  FOR  PEACE. 

America  at  Paris,  in  order  to  render  an  express  stipulation 
in  favor  of  the  freedom  of  navigation  less  necessary  in  the 
treaty  of  peace  between  Great  Britain  and  the  United 
Provinces  of  the  Netherlands,  either  to  accede  to  the 
treaty  of  the  armed  neutrality  already  concluded  between 
some  powers  of  Europe,  or  to  enter  into  similar  engage 
ments  with  France,  Spain,  and  the  United  Provinces  of 
the  Netherlands,  or,  in  case  France  and  Spain  should  re 
fuse  to  enter  into  a  Convention  founded  on  the  principles 
of  the  armed  neutrality,  or  wish  to  delay  it  till  after  the 
general  peace,  to  form  a  separate  convention  for  similar 
purposes,  between  the  United  Provinces  of  the  Nether 
lands  and  the  United  States  of  America.  That  the  ans 
wers  to  these  propositions  do  not  appear  from  the  papers 
transmitted,  though  there  is  room  to  infer  from  M.  Du- 
mas's  letter  of  the  fourth  and  eighteenth  of  February,  that 
the  two  first  of  these  propositions  were  encouraged  by  our 
Ministers,  and  that  the  States-General  proposed  to  act  in 
consequence  thereof,  and  had  made  the  last  proposition, 
in  order  to  be  prepared  in  case  either,  or  both,  of  the  two 
first  should  fail. 

It  appears  from  the  report  of  the  Secretary  for  Foreign 
Affairs,  that  no  powers  are  at  present  vested  in  any  person 
in  Europe,  to  agree  to  any  treaty,  similar  to  that  entered 
into  by  Russia,  Sweden,  Denmark,  and  the  United  Prov 
inces  of  the  Netherlands,  after  the  peace  shall  be  con 
cluded.  The  resolution  of  the  5th  of  October,  1780,  em 
powers  the  Ministers  of  these  States,  if  invited  thereto,  to 
accede  to  such  regulations  conformable  to  the  spirit  of  the 
declaration  of  Russia,  as  may  be  agreed  upon  by  the  Con 
gress  expected  to  assemble,  in  pursuance  of  the  invitation 
of  her  Imperial  Majesty.  Our  Ministers  received  no  invi- 


DIPLOMATIC  CORRESPONDENCE.  157 

talion,  and  special  powers  were  afterwards  given  to  Mi- 
Dana,  which,  in  their  nature,  superseded  that  resolution. 
Mr  Dana  was  by  his  commission  and  instructions  em 
powered  to  sign  the  treaty  or  convention,  for  the  protection 
of  commerce  in  behalf  of  the  United  States,  either. with 
her  Imperial  Majesty,  in  conjunction  with  the  other  neu 
tral  powers,  or  if  that  shall  be  inadmissible,  separately  wit!) 
her  Imperial  Majesty,  or  any  of  those,  that  is,  those  neutral 
powers.  The  treaty  being  only  made  to  continue  during 
the  war,  his  powers  terminated  with  the  war,  or,  at  most, 
extended  only  to  sign  it  with  the  neutral  powers,  and  not 
to  form  a  new  separate  treaty. 

Whereupon  Congress  came  to  the  following  resolution. 
Whereas  the  primary  object  of  the  resolution  of  October 
5th,  1780,  and  of  the  commission  and  instructions  to  Mr 
Dana,  relative  to  the  accession  of  the  United  States  to  the 
neutral  confederacy,  no  longer  can  operate,  and  as  the  true 
interest  of  the  States  requires,  that  they  should  be  as  little 
as  possible  entangled  in  the  politics  and  controversies  of 
European  nations,  it  is  inexpedient  to  renew  the  said 
powers  either  to  Mr  Dana,  or  to  the  other  Ministers  of 
these  United  Slates  in  Europe.  But,  inasmuch  as  the 
liberal  principles,  on  which  the  said  confederacy  was  es 
tablished,  are  conceived  to  be,  in  general,  favorable  to 
the  interests  of  nations,  and,  particularly,  to  those  of  the 
United  States,  and  ought,  in  that  view,  to  be  promoted  by 
the  latter,  as  far  as  will  consist  with  their  fundamental 
policy  ; 

Resolved,  that  the  Ministers  Plenipotentiary  of  these 
United  States  for  negotiating  a  peace  be,  and  they  are 
hereby-  instructed,  in  case  they  should  comprise  in  the  de 
finitive  treaty  any  stipulation,  amounting  to  a  recognition  of 


158  COMMISSIONERS  FOR  PEACE, 

the  rights  of  neutral  nations,  to  avoid  accompanying  them 
by  any  engagements  which  shall  oblige  the  contracting 
parties  to  support  those  stipulations  by  arms. 

ELTAS  BOUDINOT,  President. 


DAVID    HARTLEY    TO    THE    COMMISSIONERS. 

Paris,  June  14th,  1783. 
Gentlemen, 

Permit  me  to  address  the  enclosed  Memorial  to  your 
Excellencies,  and  to  explain  to  you  my  reasons  for  so 
doing. 

It  is  because  many  consequences,  now  at  a  great  dis 
tance,  and  unforeseen  by  us,  may  arise  between  our  two 
countries,  perhaps  from  very  minute  and  incidental  trans 
actions,  which  in  their  beginnings  may  be  imperceptible 
and  unsuspected  as  to  their  future  effects.  Our  respective 
territories  are  in  vicinity,  and  therefore  we  must  be  insep 
arable.  Great  Britain,  with  the  British  power  in  America, 
is  the  only  nation  with  whom,  by  absolute  necessity,  you 
must  have  the  most  intimate  concerns,  either  of  friendship 
or  hostility.  All  other  nations  are  three  thousand  miles  dis 
tant  from  you.  You  may  have  political  connexions  with  any 
of  these  distant  nations,  but  with  regard  to  Great  Britain  it 
must  be  so.  Political  intercourse  and  interests  will  obtrude 
themselves  between  our  two  countries,  because  they  are 
the  two  great  powers  dividing  the  continent  of  North 
America.  These  matters  are  not  to  come  into  discussion 
between  us  now.  They  are  of  too  much  importance, 
either  to  be  involved,  or  even  glanced  at,  in  any  present 
transaction. 

Let  every  eventual   principle  be   kept   untouched,   until 


DIPLOMATIC  CORRESPONDENCE.  159 

the  two  nations  shall  have  recovered  from  the  animosities 
of  the  war.  Let  them  have  a  pacific  interval,  to  con 
sider  deliberately  of  their  mutual  and  combined  interests, 
and  of  their  engagements  with  other  nations.  Let  us  not, 
at  the  outset  of  a  temporary  convention,  adopt  the  severe 
principle  of  reducing  every  transaction  between  the  two 
countries  to  the  looting  of  exact  reciprocity  alone.  Such 
a  principle  would  cast  a  gloom  upon  conciliatory  prospects. 
America  is  not  restrained  from  any  conciliation  with  Great 
Britain  by  any  treaty  with  any  other  power.  The  princi 
ples  of  conciliation  would  be  most  desirable  between  Great 
Britain  and  America  ;  and  forbearance  is  the  road  to  con 
ciliation.  After  a  war  of  animosities,  time  should  be  al 
lowed  for  recollection.  There  are  all  reasonable  appear 
ances  of  conciliatory  dispositions  on  all  sides,  which  may 
be  perfected  in  time.  Let  us  not,  therefore,  at  such  a 
moment  as  this,  and  without  the  most  urgent  necessity, 
establish  a  morose  principle  between  us  ;  if  it  were  a  de 
cided  point  against  amity  and  conciliation,  it  would  be  time 
enough  to  talk  of  partition  and  strict  reciprocity.  To  pre 
sume  in  favor  of  conciliation  may  help  it  forward  ;  to  pre 
sume  against  it,  may  destroy  that  conciliation,  which  might 
otherwise  have  taken  place. 

But,  in  the  present  case,  there  is  more  than  reason  to 
presume  conciliation.  I  think  myself  happy,  that  I  have 
it  in  rny  power  to  assure  you,  from  authority,  that  it  is  the 
fundamental  principle  of  the  British  Councils,  to  establish 
amity  and  confidence  between  Great  Britain  and  the 
American  States,  as  a  succedaneum  for  the  relation,  in 
which  they  formerly  stood  one  to  the  other.  The  proof 
of  this  consists,  not  in  words,  but  in  substantial  facts.  His 
Britannic  Majesty  has  been  graciously  pleased  to  send 


]60  COMMISSIONERS  FOR  PEACE. 

orders  to  his  commanders  in  North  America,  for  the 
speedy  and  complete  evacuation  of  all  the  territories  of  the 
United  States.  His  Majesty  has  given  orders  in  council, 
on  the  14th  of  the  last  month,  lor  the  admission  of  Ameri 
can  ships  and  cargoes  into  Great  Britain  ;  and  on  the  6th 
instant,  he  has  given  farther  orders,  permitting  the  importa 
tion  from  America  of  several  articles,  which  have  been 
usually  considered  -is  manufactures.  lie  has,  likewise, 
provided  for  the  convenience  of  American  merchants,  who 
may  wish  to  land  tobacco  in  Great  Britain  for  re-exporta 
tion.  Upon  the  same  principle,  Mr  Fox,  the  Secretary  of 
State,  corresponding  with  America,  has  moved  for.  and 
received  the  liberty  of  the  House  of  Commons,  (nem.  con.) 
to  bring  in  a  bill,  that  any  American  merchants,  importing 
rice  into  Great  Britain,  may,  upon  re-exportation,  draw 
back  the  whole  duty  paid  on  its  first  importation.  All 
these  circumstances  put  together,  undoubtedly  form  the 
most  indisputable  evidence  of  the  disposition,  which  pre 
vails  in  the  British  Councils  to  give  every  facility  to  the 
re-establishment  of  that  intercourse,  which  must  be  so  ben 
eficial  to  both  nations. 

t  am  ordered  to  inform  you,  that  his  Majesty  entirely 
approves  of  the  plan  of  making  a  temporary  convention,  for 
the  purpose  of  restoring  immediate  intercourse  and  com 
merce,  and  more  particularly  for  the  purpose  of  putting 
off,  for  a  time,  the  decision  of  that  important  question,  how 
far  the  British  acts  of  navigation  ought  to  be  sacrificed  to 
commercial  considerations,  drawn  from  the  peculiar  cir 
cumstances  of  the  present  crisis  ;  a  question,  which  will 
require  much  deliberation,  and  very  much  inquiry,  before 
it  can  be  determined.  1  am  sure,  Gentlemen,  you  will  see 
and  admit  the  reasonableness  of  our  proceeding,  in  such 


DIPLOMATIC  CORRESPONDENCE.  Jgl 

a  case,  with  deliberation  and  discretion  ;  more  especially, 
when  these  acts  of  prudence  do  not  proceed  from  any 
motives  of  coolness  or  reserve  towards  you.  In  the  mean 
time,  the  temporary  convention  may  proceed  upon  princi 
ples  of  real  and  accommodating  reciprocity.  For  instance, 
we  agree  to  put  you  upon  a  more  favorable  footing  than 
any  other  nation.  We  do  not  ask  a  rigid  reciprocity  for 
this,  because  we  know,  by  your  present  subsisting  treaties, 
it  is  not  in  your  power  to  give  it  to  us.  We  desire  only  to 
be  put  upon  the  footing  of  other  nations  with  you,  and, 
yet,  we  consent  that  you  shall  be  upon  a  better  footing 
with  us  than  any  other  nation. 

Thus  far,  we  must  be  allowed  to  be  giving  something 
more  than  reciprocity,  and  this  we  do,  as  I  said  before, 
because  we  are  unwilling  to  ask  what  you  are  unable  to 
give.  Surely,  it  is  not  unreasonable,  nor  more  than,  from 
principles  of  reciprocity,  we  have  a  right  to  expect  that 
you  should  imitate  our  conduct  in  this  particular,  and  that 
you  should  abstain  from  asking  things,  under  the  title  of 
exact  and  literal  reciprocity,  which,  upon  the  consideration 
of  our  case,  you  must  know  that  we  cannot  give.  Virtual 
and  substantial  reciprocity  we  are  willing  to  give  ;  literal 
reciprocity  is  impossible,  as  much  from  your  engagements, 
as  from  our  system  of  navigation. 

If  we  can  agree  upon  an  article  of  intercourse  and  com 
merce,  in  the  nature  of  a  temporary  convention,  on  the 
basis  of  the  Memorial,  which  I  had  the  honor  of  giving 
lately  to  you,  bearing  date  19th  of  May,  1783,  no  time 
need  be  lost  in  finishing  this  business ;  but  with  this  expla 
nation,  that  although  it  is  proposed,  that  the  commerce  be 
tween  the  United  States  and  the  British  West  Indies 
VOL.  x.  21 


162  COMMISSIONERS  FOR  PEACE. 

should  be  free  with  regard  to  their  respective  productions, 
yet,  that  we  are  riot  bound  to  admit  the  importation  of 
West  India  commodities  into  Great  Britain  in  American 
vessels.  Believe  me,  Gentlemen,  that  this  restriction  does 
not  proceed  from  any  invidious  disposition  towards  the 
American  States.  It  is  imposed  by  indispensable  pru 
dence  and  necessity  upon  the  British  Ministers,  who,  in 
the  present  stale  of  things,  could  not  be  justified  to  their 
own  country,  to  go  hastily  to  a  larger  extent  of  concession. 
This  point  is  not  to  be  looked  upon  merely  as  commercial, 
but  as  affecting  fundamentally  the  great  political  system  of 
British  navigation  ;  and  you  are  to  consider,  that  the  prin 
ciple,  upon  which  the  whole  of  our  proposed  temporary 
convention  is  to  stand,  is,  that  the  commerce  between  the 
two  countries  is  to  be  revived  nearly  upon  the  old  footing  ; 
but  that  each  nation  is  to  keep  in  its  own  hands,  the  power 
of  making  such  regulations  respecting  navigation^  as  shall 
seem  fit.  I  assure  you,  that  this  point  has  been  discussed 
by  the  Ministers  of  the  British  cabinet  with  infinite  candor, 
and  with  every  possible  disposition  of  amity  and  favor 
towards  your  country  ;  but  the  more  they  have  inquired 
upon  this  subject,  the  more  they  are  overborne  by  convic 
tion,  that  the  prejudices  upon  this  matter  (if  that  be  the 
name  these  opinions  deserve)  are  so  strong,  that  such  a 
measure  as  a  relaxation  of  the  act  of  navigation,  in  this  in 
stance,  never  can  be  taken,  but  upon  such  a  full  and  sol 
emn  Parliamentary  inquiry,  as  it  is  impossible  to  go  into  at 
this  time  of  the  year,  and  in  this  stage  of  the  session.  I 
cannot,  therefore,  Gentlemen,  help  flattering  myself,  that 
you,  who  are  so  well  acquainted  with  difficulties,  which 
must  embarrass  an  English  administration  in  a  business  of 
this  sort,  will  rather  endeavor  to  remove  them,  than  to  in- 


DIPLOMATIC  CORRESPONDENCE.  1(53 

crease  them  ;  and  I  am  sure,  that  such  a  plan,  on  your 
part,  would  ultimately  be  most  conducive  to  your  own  ob 
jects.  When  an  amicable  intercourse  is  once  opened,  and 
when  conciliatory  confidence  comes  to  take  place  of  those 
jealousies,  which  have  lately  subsisted,  you  may  easily 
conceive  in  how  different  a  manner  the  whole  of  this  mat 
ter  will  be  considered.  I  am  confident  that  this  will  be 
the  case,  but  if  it  is  not,  the  pro-visions  being  only  tempo 
rary,  it  will  be  in  the  power  of  the  United  States,  to  take 
up  any  hostile  mode  of  proceeding,  by  restraints  and  pro 
hibitions,  &.c.  whenever  they  may  think  fit. 

I  have  made  use  above  of  the  word  prejudices  in  speak 
ing  of  the  principles  of  the  British  act  of  navigation.  I 
hope  you  will  accept  that  term  from  me,  as  proceeding  so 
far  in  compliance  towards  the  future  consideration  of  the 
points  now  between  us,  as  to  keep  the  question  open  and 
free  for  discussion.  If  Great  Britain  should,  in  any  case, 
throw  down  the  barriers  of  her  act  of  navigation  towards 
America,  she  should  be  very  secure  against  the  possible 
case  of  future  enmity,  or  alliance  against  her.  Such  con 
siderations  as  these,  lead  to  objects  far  beyond  our  present 
scope  or  powers.  But  1  must  still  add  one  word  more 
upon  this  article  of  prejudices.  Such  prejudices  (if  they 
are  so)  are  not  confined  to  Great  Britain.  By  your  com 
mercial  treaty  with  France,  Article  4th,  you  are  only  en 
titled  to  an  European  trade  with  that  kingdom,  and  not, 
even  by  that  treaty,  to  any  direct  commerce  between  their 
West  India  Islands  and  the  ports  of  the  American  States; 
much  less  to  the  immediate  communication  between  the 
French  Islands  and  the  dominions  of  the  Crown  of  France 
in  Europe.  Every  public  proceeding  in  England,  since 
the  commencement  of  our  present  negotiation  for  opening 


164  COMMISSIONERS  FOR  PEACE. 

the  intercourse  and  commerce  between  our  two  countries, 
willj  I  am  sure,  support  me  in  'saying,  that  we  have  very 
liberally  taken  the  lead  ;  that  we  have  not  waited  for  any 
assurance  of  reciprocity,  but  have  given  orders  for  almost 
a  universal  admission  of  American  articles,  before  we 
even  know  that  any  vessel  from  Great  Britain  will  find  ad 
mission  into  any  American  ports.  What  do  we  ask  in 
return  ?  No  more  than  this  ;  that  while  we,  gratuitously, 
and  without  stipulation,  give  advantages  and  favors  to  the 
American  States,  which  we  deny  to  all  other  nations,  they 
would  so  far  justify  our  liberal  way  of  proceeding,  as  to 
receive  us  in  the  same  manner  as  other  nations,  which  are 
foreign,  and  to  permit  us  to  carry  to  North  America,  what 
it  is  evidently  for  their  interest  that  we  should  carry 
thither. 

I  need  hardly  add,  that  it  is  of  infinite  importance,  that 
some  temporary  convention  should  be  finished  without  loss 
of  time.  I  hope  and  trust  that  we  shall  not  find  much 
more  difficulty  in  this  business.  You  must  see  the  advan 
tage  of  an  immediate  renewal  of  intercourse,  and  from  the 
candor  of  your  dispositions,  I  am  sure  you  must  likewise 
be  convinced,  that  to  give  us  some  facility  in  the  outset,  is 
the  sure  road  to  such  an  equitable  arrangement  for  the 
future,  as  you  must  have  at  heart.  The  reasons,  which  I 
have  given  in  the  Memorial  appear  to  me  to  be  cogent  and 
convincing,  upon  the  natural  alliance  between  our  two 
countries.  And  when  the  intercourse  has  once  begun, 
everything  will  go  in  its  natural  road.  It  is,  therefore, 
of  infinite  consequence  to  begin  that  intercourse.  Great 
Britain,  by  all  public  proceedings  of  repeals,  proclama 
tions,  &c.  &c.  has  made  the  first  advances,  with  warmth 
and  confidence,  and,  therefore,  I  conclude,  with  the  fullest 


DIPLOMATIC  CORRESPONDENCE.  165 

assurance,  that  you  will  meet  those  advances  with  cordial 
reciprocity. 

1  have  the  honor  to  be,  &c. 

D.  HARTLEY. 


DAVID  HARTLEY'S  MEMORIAL  TO  THE  COMMISSIONERS. 

The  proposition,  which  has  been  made  for  a  universal 
and  unlimited  reciprocity  of  intercourse  and  commerce, 
between  Great  Britain  and  the  American  United  States, 
requires  a  very  serious  consideration  on  the  part  of  Great 
Britain,  for  the  reasons  already  stated  in  a  Memorial,  dated 
May  19th,  1783,  and  for  many  other  reasons,  which  in  the 
future  discussion  of  the  proposition  will  appear.  To  the 
American  States,  likewise,  it  is  a  matter  of  the  deepest 
importance,  not  only  as  a  proposition  of  commercial  inter 
course,  which  is  the  least  part,  but  most  principally,  as  a 
political  basis  and  guarantee  for  their  newly  established 
constitutions.  The  introduction  of  British  interests  into 
a  communion  of  intercourse,  will  bring  forward  a  univer 
sal  guarantee  on  the  part  of  Great  Britain,  in  the  future 
progress  of  political  events,  which  may  affect  the  United 
States  of  America  in  their  national  capacity.  The  propo 
sition  is  fertile  in  future  prospects  to  Great  Britain  ;  and 
America  also  may  wisely  see  in  it  a  solid  foundation  for 
herself. 

All  circumstances  are  most  fortunately  disposed  between 
Great  Britain  and  the  American  States,  to  render  them 
useful  friends  and  allies  to  each  other,  with  a  higher  de 
gree  of  suitableness  between  themselves  than  any  other 
nations  can  pretend  to.  France  cannot  interchange  reci 
procities  with  the  American  States,  by  reason  of  number- 


166  COMMISSIONERS  FOR  PEACE. 

less  impediments  in  her  system  of  government,  in  her  mo 
nopolies,  and  her  system  of  commerce.  France  has  the 
great  disability  of  difference  in  language  to  contend  with  ; 
and  the  institution  of  the  present  French  manufactures  has 
never,  at  any  time  heretofore,  been  trained  or  adapted  to 
American  commerce.  The  only  particular  and  pacific  facil 
ity  which  France  ever  possessed  for  American  intercourse, 
has  for  many  years  been  transferred  into  the  British  scale 
by  the  cession  of  Canada  to  Great  Britain.  The  future 
commerce,  between  France  and  America,  will  chiefly  be 
regulated  by  such  conveniences  as  France  can  draw  to 
herself  from  America,  without  much  aptitude  on  the  part 
of  France,  to  accommodate  her  manufactures  and  com 
merce  to  American  demands.  In  short,  an  interchange 
or  reciprocities  between  France  and  America,  would  run 
against  the  stream  on  both  sides  ;  and  all  established  habits, 
manners,  language,  together  with  the  principles  of  govern 
ment  and  commerce,  would  militate  against  such  a  system. 
Conformably  to  this  reasoning,  it  appears,  that  France 
has  not  at  any  time  entertained  any  systematical  design  of 
forming  any  union  or  consolidation  of  interests  with  Amer 
ica.  She  took  up  the  American  cause,  as  instrumental 
to  her  political  views  in  Europe.  America  likewise  ac 
cented  the  alliance  with  France,  for  her  separate  views, 
viz.  for  the  establishment  of  her  independence.  The  alli 
ance,  therefore,  is  completed  and  terminated,  without  leav 
ing  behind  it  any  political  principle  of  future  permanent 
connexion  between  them.  Occasional  circumstances  pro 
duced  a  temporary  alliance.  Similar  circumstances 
may,  on  any  future  occasion,  produce  a  similar  event  of  a 
temporary  compact.  Dissimilar  circumstances,  arising 
from  finy  f:.;!ui'ts  political  vunvs  of  iho  Court  of  France 


DIPLOMATIC  CORRESPONDENCE  ]£7 

in  Europe,  may  without  any  inconsistency  of  principle, 
throw  the  power  of  that  kingdom  into  a  scale  adverse  to 
the  future  interests  of  the  American  States.  In  such  case, 
therefore,  where  there  cannot  exist  any  permanent  political 
connexion  hetween  France  and  America,  and  where  the 
commercial  attachments  can  be  but  feeble,  it  would  be 
vain  to  expect  in  the  French  nation  any  such  ally,  as  newly 
established  States  ought  to  look  out  for,  to  give  maturity 
nnd  firmness  to  their  constitutions. 

As  to  Spain,  every  argument  which  has  been  stated 
respecting  diversity  of  language,  manners,  government, 
monopolies,  and  system  of  commerce,  from  those  which 
prevail  in  the  United  States  of  America,  obtains  in  a  supe 
rior  degree.  And  much  more  to  add  besides,  for  Spain 
is  not  only  incompetent  to  interchange  reciprocities  with 
the  American  States,  but  likewise  her  own  situation  in 
America  will  at  all  times  render  her  extremely  jealous  of 
her  neighbors.  The  only  activity  which  Spain  has  ex 
erted  in  the  war,  has  been  to  procure  a  barrier  against  the 
American  States,  by  annexing  West  Florida  to  her  former 
acquisition  of  New  Orleans  ;  thereby  embracing  the  mouth 
of  the  Mississippi,  and  by  means  of  that  river,  jointly  with 
her  landed  possessions,  establishing  a  strong  and  jealous 
boundary  against  any  future  progress  of  the  American 
States  in  those  parts.  Spain,  therefore,  cannot  be  looked 
upon  by  the  American  States  as  a  suitable  object  of  their 
election,  to  become  a  permanent  ally  and  friend  to  them. 
Portugal,  likewise,  labors  under  all  the  disabilities  of  lan 
guage,  manners,  monopolies,  government  and  system  of 
commerce.  Her  national  power  and  importance  would 
be  likewise  insufficient  to  constitute  a  strong  and  perma 
nent  ally  to  the  American  States.  All  these  nations  will 


J'(J8  COMMISSIONERS  FOR  PEACE 

undoubtedly  be  found  to  have  many  commodious  qualities 
fur  participation  in  commerce ;  but  the  permanent  faculties 
necessary  to  constitute  a  firm  and  permanent  ally  to  the 
American  States,  will  be  found  deficient  in  them. 

As  to  the  Italian  States,  or  any  other  powers  in  the 
IVlediterranean,  they  are  certainly  not  adequate  to  any 
competition  of  political  alliance  with  the  rising  States  of 
America.  They  will  also  form  very  commodious  links 
and  connexions  in  the  general  circuit  of  commerce  ;  but 
beyond  these  considerations,  they  have  no  share  in  the 
present  question.  The  several  States  in  the  Germanic 
body  are  in  the  same  predicament. 

As  to  the  Northern  powers,  viz.  those  in  the  Baltic,  they 
are  not  favored  either  by  vicinity,  or  climate,  for  a  fre 
quent  or  facile  intercourse  of  commerce  with  America. 
And  even  respecting  several  material  articles  of  commerce, 
jealousies  and  competitions  might  arise.  As  to  political 
alliances,  there  are  no  such  in  prospect  from  them  to  the 
American  State?.  Even  if  there  were  any  superfluity  of 
force  in  any  of  them  beyond  the  necessities  of  their  re 
spective  domestic  situations,  the  extreme  distance  would 
be  conclusive  against  any  possible  application  of  such 
power,  as  a  political  alliance  favorable  to  the  establishment 
and  conformation  of  the  American  States. 

The  only  maritime  state  on  the  continent  of  Europe  re 
maining  to  be  discussed,  as  a  competent  candidate  for 
commerce,  or  connexion  with  America,  is  the  Republic 
of  the  United  Netherlands,  commonly  called  Holland.  In 
respect  to  American  commerce,  the  Dutch  have  among 
themselves  every  facility  combined,  which  the  separate 
States  of  Europe  possess  distinctly  in  their  own  concerns, 
or  nearly.  Their  industry,  frugality,  and  habits  of  com- 


DIPLOMATIC  CORRESPONDENCE.  159 

rnerce,  may  even  carry  them  so  far,  as  to  make  them 
rivals  to  the  Americans  themselves,  in  the  transportation  of 
European  merchandise  to  America.  These  faculties  of 
commerce  would  have  been  of  infinite  importance  to  the 
American  States,  if  the  war  had  continued  between  Great 
Britain  and  them.  But  upon  the  event  of  peace,  it  be 
comes  a  matter  of  the  most  perfect  indifference  to  Amer 
ica,  whether  each  European  State  navigates  its  own  com 
merce  into  the  ports  of  America,  which  will  open  to  all, 
or  whether  the  commercial  faculties  of  Holland  enable  her 
to  exceed  in  rivalship  her  European  neighbors,  and  there 
by  to  navigate  European  goods  to  America  beyond  the 
proportion  of  her  national  share.  The  faculties  of  a  nation 
of  carriers  may  be  fortunate  for  the  marine  of  that  nation ; 
but  considered  in  themselves,  and  with  respect  to  other 
nations,  they  are  but  secondaries  in  commerce.  They 
give  no  ground  of  reciprocities,  or  participation.  That 
one  nation  should  say  to  another,  you  shall  navigate  all  our 
rivers,  harbors,  lakes,  ports,  and  places,  if  we  may  do  the 
same  in  yours,  is  a  proposition  of  reciprocity  ;  but  that 
Holland  should  say  to  America,  we  will  bring  European 
goods  to  you,  or  you  may  be  your  own  carriers,  is  neither 
concession  nor  reciprocity.  Holland  is  not  a  nation  of 
rivers,  harbors,  lakes,  ports,  and  places,  for  the  distribution 
of  goods  and  manufactures  for  internal  consumption,  and, 
therefore,  her  reciprocities  must  be  very  scanty.  Holland 
is  the  market-phce  of  Europe,  and  the  Dutch  seamen 
are  the  carriers  appertaining  to  that  market-place.  The 
admission  of  American  ships  to  that  market-place,  freely  to 
import  and  to  export,  is,  undoubtedly,  an  act  of  reciprocity 
on  the  part  of  Holland  as  far  ns  it  goes,  but  in  no  degree 
VOL,  x.  122 


170  COMMISSIONERS  FOR  PEACE. 

adequate  to  the  unlimited  participation  of  American  com 
merce  throughout  the  rivers,  harbors,  lakes,  ports,  and 
places  of  that  vast  continent.  The  commercial  reciproci 
ties  of  Holland,  therefore,  being  inferior,  on  her  part, 
towards  America,  the  next  point  of  view  in  which  Holland 
is  to  be  considered,  as  relevant  to  this  question,  is,  as  a 
nation  of  power,  capable  of  becoming  an  effectual  and  per 
manent  ally  and  guarantee  to  the  American  States,  for 
that  is  the  great  object,  which  America,  as  a  wise  nation, 
recently  arisen  into  independence,  ought  to  keep  in  view. 
Holland  has  certainly  been  a  nation  of  great  and  celebra 
ted  naval  force.  She  remains  so  still ;  but  having  for 
many  years  suspended  her  exertions  of  force,  and  having 
directed  the  faculties  of  her  people  into  the  commercial 
line,  she  seems  not  to  have  any  superfluity  of  force  beyond 
the  necessity  of  providing  for  her  own  security  ;  and,  cer 
tainly,  no  such  redundance  of  power,  as  to  extend  to  the 
protection  of  distant  nations,  as  allies  or  guarantees.  It 
appears,  therefore,  upon  the  whole  of  this  argument,  that 
Holland,  although  a  commercial  nation,  cannot  even  inter 
change  commercial  reciprocities  with  America  upon  an 
equal  footing,  and  that  her  faculties  of  force  are  inadequate 
to  those,  which  America  ought  to  expect  in  the  permanent 
allies  and  guarantees  of  her  country. 

The  independence  of  the  American  States  being  estab 
lished,  their  first  consideration  ought  to  be,  to  determine 
with  what  friendships  and  alliances  they  will  enter  into  the 
new  world  of  nations.  They  will  look  round  them,  and 
cast  about  for  some  natural,  permanent,  and  powerful  ally, 
with  whom  they  may  interchange  all  cementing  reciproci 
ties,  both  commercial  and  political.  If  such  an  ally  be  to 
he  found  anywhere  for  them,  it  is  still  in  Great  Britain  ;  at 


DIPLOMATIC   CORRESPONDENCE.  Hi 

least,  it  is  certain,  that,  in  looking  round  Europe,  no  other 
is  to  be  found.  There  is  no  inherent  impossibility  to  pre 
vent  such  a  connexion  from  taking  place  ;  it  must  depend 
on  the  free  will  and  common  interest  of  the  parties. 
There  are  all  possible  faculties  on  both  sides,  to  give  and 
to  receive  all  adequate  and  beneficial  reciprocities,  which 
are  practicable  and  more  likely  to  be  permanent  between 
independent  parties,  than  between  two  parties,  of  which 
one  is  dependent  on  the  other.  Great  Britain  is,  undoubt 
edly,  the  first  of  European  nations,  in  riches,  credit,  facul 
ties,  industry,  commerce,  manufactures,  internal  consump 
tion,  and  foreign  export,  together  with  civil  liberty,  which 
is  the  source  of  all,  and  naval  power,  which  is  the  support 
of  all.  The  dominions  appertaining  to  the  Crown  of 
Great  Britain  are  large  and  fertile ;  its  Colonies  still  ex 
tensive,  and  in  close  vicinity  to  the  American  States,  Great 
Britain  being  an  American,  as  well  as  an  European  power, 
and  all  her  empire  connected  by  her  naval  force. 

The  territories  of  the  American  States,  from  the  Atlantic 
ocean  to  the  Mississippi,  contain  an  inexhaustible  source 
of  riches,  industry,  and  future  power.  These  will  be  the 
foundations  of  great  events  in  the  new  page  of  life.  In 
finite  good,  or  infinite  evil,  niajLarise  according  to  the 
principles  upon  which  the  intercourse  between  Great 
Britain  and  America  shall  be  arranged  in  its  foundation. 
Great  Britain  and  America  must  be  still  inseparable,  either 
as  friends  or  foes.  This  is  an  awful  and  important  truth. 
These  are  considerations  not  to  be  thought  of  slightly ; 
not  to  be  prejudged  in  passion,  nor  the  arrangements  of 
them  to  be  hastily  foreclosed.  Time  given  for  considera 
tion  may  have  excellent  effects  on  both  sides.  The  pause 
of  peace,  with  friendly  intercourse,  returning  affection,  and 


172  COMMISSIONERS  FOR  PEACE. 

dispassionate  inquiry,  can  alone  decide  these  important 
events,  or  do  justice  to  the  anxious  expectations  of  Great 
Britain  and  America. 


THE    PRESIDENT    OF    CONGRESS    TO    THE    COMMISSIONERS. 

Philadelphia,  June  16th,  1783. 

Gentlemen, 

1  am  sorry  to  inform  you,  that  by  the  resignation  of  Mr 
Livingston  as  Minister  for  Foreign  Affairs,  it  has  become 
necessary  that  you  should  receive  the  resolutions  of  Con 
gress,  relative  to  your  mission  through  my  hands.  The 
disadvantage  arising  from  this  necessity,  until  a  successor 
to  that  worthy  gentleman  is  appointed,  will  be  yours,  as  it 
is  impossible  for  me  to  do  more  than  barely  to  transmit  the 
acts  of  Congress  necessary  for  your  information. 

Enclosed  you  have  one  of  the  1st  of  May  last,  and 
another  of  the  12th  instant,  which  I  hope  will  get  safe  to 
hand  time  enough  for  your  government.  The  commission 
and  instructions  referred  to  in  the  first,  not  being  ready,  it 
was  thought  best  to  forward  the  resolution  without  delay, 
that  you  might  know  what  was  intended  in  the  present  im 
portant  period  of  your  negotiation.  We  have  been  much 
surprised,  that  we  have  not  received  any  communications 
from  you  since  the  cessation  of  hostilities,  except  a  letter 
of  the  5th  of  April,  from  Mr  Laurens. 
I  have  the  honor  to  be,  &c. 

ELI  AS  BOUDINOT,  President, 


DIPLOMATIC  CORRESPONDENCE.  173 

HENRY    LAURENS    TO    THE    COMMISSIONERS. 

London,  June  17th, 1783 
Gentlemen, 

I  had  the  honor  of  addressing  you  on  the  10th,  immedi 
ately  after  my  landing  at  Dover.  As  early  as  possible 
after  my  arrival  here,  I  obtained  an  interview  with  Mr 
Secretary  Fox,  who  was  pleased  to  read  to  me  part  of  his 
latest  despatches  to  Mr  Hartley,  which  he  supposed  would 
reach  Paris  on  the  14th.  It  is  probable,  therefore,  that 
before  this  time,  as  much  of  the  contents  as  is  proper  for 
your  knowledge  has  been  communicated. 

"Reciprocity,"  since  the  10th  of  April,  has  undergone 
a  certain  degree  of  refinement.  The  definition  of  that 
term  appears  now  to  be  possession  of  advantages  on  one 
side,  and  restrictions  on  the  other.  "The  navigation  act 
is  the  vital  of  Great  Britain,  too  delicate  to  bear  a  touch." 
The  sudden  and  unexpected,  perhaps  illicit,  arrival  of 
ships  and  cargoes  from  America,  may  have  caused  this 
change  of  tone.  But  you  have  heard  in  detail,  and  are 
more  competent  to  judge. 

From  a  desire  of  forming  an  opinion,  I  asked  Mr  Fox, 
whether  he  thought  1  might  venture  for  a  few  days,  to  take 
the  benefit  of  Bath,  and  yet  be  in  time  enough  at  Paris 
for  the  intended  commercial  agreement  ?  He  replied,  "I 
rather  think  you  may."  One  need  not  be  a  conjurer  to 
draw  an  inference  ;  you  will  either  have  finished  the  busi 
ness  before  I  could  travel  to  Paris,  or  without  being  missed 
there  I  may  go  to  Bath  and  repair  my  nerves. 

In  this  state  of  uncertainty,  when  it  is  easy  to  perceive 
affections  are  not  as  we  could  wish  them,  nor  quite  so  warm 
as  we  had  been  taught  to  believe,  it  would  not  be  wise  to 


174  COMMISSIONERS  FOR  PEACE. 

commit  the  United  States ;  wherefore  I  shall  rest  the  bus 
iness  till  I  hear  from  you,  or  until  a  more  favorable  pros 
pect  ;  flattering  myself  with  hopes  of  your  surmounting  the 
late  seeming  difficulties.  An  inconvenience  on  your  side  is 
preferable  to  the  hazard  of  a  disgrace. 

1  am,  with  great  regard  and  respect,  &c. 

HENRY  LAURENS. 


THE    PRESIDENT    OF    CONGRESS    TO    B.    FRANKLIN. 

Philadelphia,  June  18th,  1783. 

Sir, 

1  have  the  honor  of  enclbsing  you  an  official  letter,  di 
rected  to  our  Ministers  Plenipotentiary  at  Paris. 

The  resignation  of  the  late  Secretary  for  Foreign  Affairs, 
(occasioned  by  his  preference  of  the  Chancellorship  of 
the  Slate  of  New  York,  which  he  could  not  hold  longer 
and  retain  his  Secretaryship,)  has  cast  the  business  of  his 
office  on  me,  till  a  successor  is  elected,  which  I  hope  will 
speedily  take  place. 

As  part  of  the  resolution  of  Congress  of  the  12th  instant, 
enclosed  in  that  letter,  is  of  a  secret  nature,  I  have  written 
it  in  cyphers,  but  not  having  that  of  Mr  Livingston's,  I 
thought  it  best  to  use  Mr  Morris's  to  you,  which  he  has 
obligingly  supplied  me  with ;  so  that  the  Ministers  will  be 
indebted  for  your  decyphering  it. 

Your  letter  to  Mr  Livingston  of  the  15th  of  April,  en 
closing  the  two  medals,  came  to  hand  this  morning.  1  am 
sorry  to  find,  that  you  have  cause  for  similar  complaints  to 
those  we  have  been  making  for  two  months  past,  on  the 
subject  of  want  of  intelligence.  We  have  not  heard  from 
any  of  our  Commissioners  at  Paris,  since  February,  ex- 


DIPLOMATIC  CORRESPONDENCE,  [75 

cepting  a  letter  from  Mr  Laurens,  though  our  anxiety  and 
expectations  have  been  wound  up  to  the  highest  pitch. 

I  feel  myself  much  indebted  for  your  polite  compliment 
of  the  medal ;  it  is  thought  very  elegant,  and  the  device 
and  workmanship  much  admired.  You  will  be  pleased, 
Sir,  to  accept  my  acknowledgments  on  this  occasion.  As 
I  doubt  not  but  the  copper  one  was  designed  for  Mr  Liv 
ingston  personally,  I  shall  send  it  to  him  by  the  first  con 
venient  opportunity.  He  is  a  worthy  deserving  character, 
and  the  United  States  will  suffer  greatly  by  his  resignation, 
though  I  think  him  justified  in  attending  to  the  calls  of  his 
private  affairs. 

«You  will  receive  herewith  a  number  of  our  late  news 
papers,  in  which  are  inserted  many  resolves,  associa 
tions,  &c.  from  all  parts  of  the  country,  which  I  earnestly 
wish  could  be  kept  out  of  sight.  But  the  truth  is,  that 
the  cruelties,  ravages,  and  barbarisms  of  the  refugees  and 
loyalists,  have  left  the  people  so  sore,  that  it  is  not  yet  time 
for  them  to  exercise  their  good  sense  and  cooler  judgment. 
And  that  cannot  take  place,  while  the  citizens  of  New 
York  are  kept  out  of  their  city,  and  despoiled  daily  of 
their  property,  by  the  sending  off  their  negroes  by  hun 
dreds,  in  the  face  of  the  treaty.  It  has  been  exceedingly 
ill  judged  in  the  British  to  retain  New  York  so  long,  and 
to  persist  in  sending  away  the  negroes,  as  it  has  irritated 
the  citizens  of  America  to  an  alarming  degree. 
I  have  the  honor  to  be,  &tc. 

ELI  AS  BOUDINOT. 


176  COMMISSIONERS  FOR  PEACE. 

HENRY    LAURENS    TO  THE  COMMISSIONERS. 

London,  June  20th,  1783. 
Gentlemen, 

Permit  me  to  refer  to  what  I  had  the  honor  of  writing 
to  you  the  17th.  You  will  recollect  my  suggestions,  as 
soon  as  we  perceived  the  falling  off  from  those  warm  as 
surances,  which  had  been  pressed  in  March  and  April. 
They  were  not  ill  founded.  I  delayed  a  week  in  hopes 
of  intelligence,  and  left  you  with  reluctance  ;  the  temper 
of  the  limes  forbids  even  an  essay. 

What  a  happy  country  is  this,  where  everything  pertain 
ing  to  the  public  is  rendered  to  them  in  public  newspa 
pers.  See  the  enclosed,  containing  nearly  as  accurate  an 
account  of  certain  recent  occurrences,  as  if  it  had  been 
penned  by  one  of  the  parties.  It  might  indeed  have  been 
made  a  little  stronger.  Modest  men  are  sometimes  re 
strained  from  attempting  a  public  good,  from  a  dread  of 
the  effects  of  envy,  of  being  held  up  in  an  invidious  light. 
It  would  be  cruel  to  disturb  them. 

I  have  heard  nothing  from  America,  save  what  you  may 
have  read  in  the  prints.  Tomorrow  I  shall  proceed  to 
Bath,  and  be  waiting  for  intelligence,  as  well  from  your 
selves  as  from  Congress.  Some  consolation  arises  from 
reflecting,  that  while  I  am  endeavoring  to  mend  my  health, 
you  suffer  no  inconvenience  from  my  absence. 
With  sincere  regard  and  respect, 

HENRY  LAURENS. 


DIPLOMATIC  CORRESPONDENCE.  177 

TO    THE    COUNT    DE    VERGENNES. 

Passy,  June  28th,  1783. 
Sir, 

Mr  Grand,  banker  to  the  Congress,  having  laid  be 
fore  us  the  annexed  state  of  their  affairs  in  his  hands, 
we  conceive  ourselves  indispensably  obliged  to  com 
municate  the  same  to  your  Excellency,  as  some  im 
portant  interests  of  both  countries  are  concerned.* 

Before  the  peace  was  known  in  America,  and  while 
Mr  Morris  had  hopes  of  obtaining  the  five  per  cent 
duty  and  a  larger  loan  from  his  Majesty,  the  immediate 
urgent  necessities  of  the  army  obliged  him  to  draw 
bills,  and  sell  them  to  the  merchants,  to  raise  money 
for  the  purchase  of  provisions,  to  prevent  their  starv 
ing  or  disbanding. 

The  merchants  have  thereupon  formed  their  plans 
of  business,  and  remitted  those  bills  to  their  corres 
pondents  here,  to  pay  debts,  and  purchase  goods  in  this 
kingdom,  to  be  carried  home  in  the  ships,  that  are 
come,  or  coming  to  France,  thus  to  open  a  larger 
commerce  with  this  nation. 

If  those  bills  cannot  be  paid,  the  creditors  of  Amer 
ica  will  be  disappointed  and  greatly  hurt,  and  the 
commerce  will  be  deranged  and  discouraged  in  its 
first  operations,  of  which  the  jiumerous  ill  conse 
quences  are  more  easily  imagined  than  described. 

Our  loan  in  Holland  is  going  on,  and  with  such 
prospect  of  success,  that  the  bankers,  who  have  the 
care  of  it,  have  lately  sent  by  express  to  Mr  Adams 
all  the  blank  obligations,  necessary  to  complete  it,  for 

*  See  Mr  Grand's  letter  above,  p.  139. 


178  COMMISSIONERS  FOR  PEACE. 

him  to  sign,  that  they  might  have  them  ready   to   de 
liver  as  demanded,  his  return  thither  being  delayed. 

This  loan  will,  therefore,  probably  answer  the  bills 
Mr  Morris  has  drawn  on  those  bankers. 

But  the  protesting  any  of  his  bills  here  would  occa 
sion  such  an  alarm  there,  as  must  probably  entirely 
stop  any  further  progress  of  that  loan,  and  thereby  in 
crease  the  mischief. 

The  government  of  the  Congress  would  also  be  en 
feebled  by  it. 

We  apprehend,  too,  that,  in  the  present  unsettled 
situation  of  our  affairs  with  England,  such  a  failure 
might  have  very  ill  effects,  with  respect  to  our  nego 
tiations. 

We  therefore  request  your  counsel,  hoping  your 
wisdom,  which  has  so  often  befriended  our  nation, 
may  point  out  some  way,  by  which  we  may  be  extri 
cated  from  this  distress. 

And  as  the  King  has  hitherto  so  generously  assisted 
us,  we  hope  that,  if  it  is  any  way  practicable,  his  Ma 
jesty  will  crown  the  glorious  work,  by  affording  us 
this  help,  at  the  different  periods  when  it  will  be 
wanted,  and  which  is  absolutely  the  last  that  will  be 
asked. 

We  are,  with  sincere  and  great  respect,  &c, 

B.  FRANKLIN, 
^         JOHN  JAY. 

PROPOSITIONS    MADE    BY    THE     COMMISSIONERS     TO     DA 
VID    HARTLEY    FOR    THE    DEFINITIVE    TREATY. 

ARTICLE  i.  To  omit  in  the  definitive  treaty  the 
exception,  at  the  end  of  the  second  Article  of  the 


DIPLOMATIC  CORRESPONDENCE.  179 

provisional  treaty,  viz.  these  words,  "  excepting  such 
islands  as  now  are,  or  heretofore  have  been  within  the 
limits  of  the  said  Province  of  Nova  Scotia." 

ARTICLE  n.  The  prisoners  made  respectively,  by 
the  arms  of  his  Britannic  Majesty,  and  the  United 
States,  by  sea  and  by  land,  not  already  set  at  liberty, 
shall  be  restored  reciprocally  and  bona  fide,  immedi 
ately  after  the  ratification  of  the  definitive  treaty,  with 
out  ransom,  and  on  paying  the  debts  they  may  have 
contracted  during  their  captivity  5  and  each  party  shall 
respectively  reimburse  the  sums,  which  shall  have 
been  advanced,  for  the  subsistence  and  maintenance  of 
the  prisoners,  by  the  sovereign  of  the  country  where 
they  shall  have  been  detained,  according  to  the  re 
ceipts  and  attested  accounts,  and  other  authentic  titles, 
which  shall  be  produced  on  each  side. 

ARTICLE  in.  His  Britannic  Majesty  shall  employ 
his  good  offices  and  interposition  with  the  King  or 
Emperor  of  Morocco  or  Fez,  the  Regencies  of  Algiers, 
Tunis  and  Tripoli,  or  with  any  of  them,  and  also  with 
every  other  Prince,  State  or  power  of  the  coast  of 
Barbary,  in  Africa,  and  the  subjects  of  the  said  King, 
Emperor,  States  and  powers  and  each  of  them,  in  or 
der  to  provide  as  fully  and  efficaciously  as  possible  for 
the  benefit,  conveniency  and  safety  of  the  said  United 
States  and  each  of  them,  their  subjects,  people  and  in 
habitants,  and  their  vessels  and  effects,  against  all  vio 
lence,  insult,  attacks  or  depredations  on  the  part  of 
the  said  Princes  and  States  of  Barbary,  or  their 
subjects. 

ARTICLE  iv.     If  war  should  hereafter  arise  between 
Great  Britain  and  the  United  States,  which  God   for- 


180  COMMISSIONERS  FOR  PEACE. 

bid,  the  merchants  of  either  country  then  residing  in 
the  other,  shall  be  allowed  to  remain  nine  months  to 
collect  their  debts  and  settle  their  affairs,  and  may 
depart  freely,  carrying  off  all  their  effects  without 
molestation  or  hinderance.  And  all  fishermen,  all  cul 
tivators  of  the  earth,  and  all  artisans  and  manufactur 
ers  unarmed  and  inhabiting  unfortified  towns,  villages 
or  places,  who  labor  for  the  common  subsistence  and 
benefit  of  mankind,  and  peaceably  follow  their  respec 
tive  employments,  shall  be  allowed  to  continue  the 
same,  and  shall  not  be  molested  by  the  armed 
force  of  the  enemy  in  whose  power,  by  the  events  of 
war,  they  may  happen  to  fall  ;  but  if  anything  is  ne 
cessary  to  be  taken  from  them,  for  the  use  of  such 
armed  force,  the  same  shall  be  paid  for  at  a  reasonable 
price.  And  all  merchants  or  traders  with  their  un 
armed  vessels  employed  in  commerce,  exchanging  the 
products  of  different  places  and  thereby  rendering  the 
necessaries,  conveniences  and  comforts  of  human  life 
more  easy  to  obtain,  and  more  general,  shall  be  al 
lowed  to  pass  freely  unmolested.  And  neither  of  the 
powers,  parties  to  this  treaty,  shall  grant  or  issue  any 
commission,  to  any  private  armed  vessels,  empowering 
them  to  take  or  destroy  such  trading  ships,  or  inter 
rupt  such  commerce. 

ARTICLE  v.  And  in  case  either  of  the  contracting 
parties,  shall  happen  to  be  engaged  in  war  with  any 
other  nation,  it  is  further  agreed,  in  order  to  prevent 
all  the  difficulties  and  misunderstandings  that  usually 
arise  respecting  the  merchandise  heretofore  called  con 
traband,  such  as  arms,  ammunition,  and  military  stores 
of  all  kinds,  that  no  such  articles  carrying  by  the  ships 


DIPLOMATIC  CORRESPONDENCE.  |gj 

or  subjects  of  one  of  the  parties  to  the  enemies  of  the 
other,  shall  on  any  account  be  deemed  contraband,  so 
as  to  induce  confiscation  and  a  loss  of  property  to 
individuals.  Nevertheless,  it  shall  be  lawful  to  stop 
such  ships  and  detain  them  for  such  length  of  time  as 
the  captors  may  think  necessary  to  prevent  the  incon 
veniences  or  damage  that  might  ensue  from  their  pro 
ceeding  on  their  voyage,  paying,  however,  a  reason 
able  compensation  for  the  loss  such  arrest  shall  occasion 
to  the  proprietors.  And  it  shall  further  be  allowed  to 
use  in  the  service  of  the  captors,  the  whole  or  any 
part  of  the  military  stores  so  detained,  paying  to  the 
owners  the  full  value  of  the  same. 

ARTICLE  vi.  The  citizens  and  inhabitants  of  the 
said  United  States,  or  any  of  them,  may  take  and  hold 
real  estates  in  Great  Britain,  Ireland,  or  any  other  of 
his  Majesty's  dominions,  and  dispose  by  testaments, 
donations  or  otherwise  of  their  property,  real  or  per 
sonal,  in  favor  of  such  person  as  to  them  shall  seem 
fit;  and  their  heirs,  citizens  of  the  said  United  States, 
or  any  of  them  residing  in  the  British  dominions  or 
elsewhere,  may  succeed  them  ab  intestato,  without  be 
ing  obliged  to  obtain  letters  of  naturalization.  The 
subjects  of  his  Britannic  Majesty  shall  enjoy  on  their 
parts,  in  all  the  dominions  of  the  said  United  States, 
an  entire  and  perfect  reciprocity,  relative  to  the  stip 
ulations  contained  in  the  present  Article. 

ARTICLE  vn.  The  ratifications  of  the  definitive 
treaty  shall  be  expedited  in  good  and  due  form,  and 
exchanged  in  the  space  of  five  months,  or  sooner  if  it 
can  be  done,  to  be  computed  from  the  day  of  the  sig 
nature. 


182  COMMISSIONERS  FOR  PEACE. 

ARTICLE  viu.  Query.  Whether  the  King  of 
Great  Britain  will  admit  the  citizens  of  the  United 
States  to  cut  logwood  on  the  district  allotted  to  his 
Majesty  by  Spain,  and  on  what  terms  ? 


TREATY. 

June,  1783. 

1st.  That  lands  belonging  to  persons  of  any  descrip 
tion,  which  have  not  actually  been  sold,  shall  be  restored 
to  the  old  possessors  without  price. 

2dly.  That  an  equa!  and  free  participation  of  the 
different  carrying  places,  and  the  navigation  of  all  the  Jakes 
and  rivers  of  that  country,  through  which  the  water  line  of 
division  passes  between  Canada  and  the  United  States, 
shall  be  enjoyed  fully  and  uninterruptedly  by  both  parties. 

3dly.  That  in  -any  such  places,  within  the  boundaries 
assigned  generally  to  the  American  States,  as  are  adjoining 
to  the  water  line  of  division,  and  which  are  not  specifically 
under  the  dominion  of  any  one  State,  all  persons  at  pres 
ent  resident,  or  having  possessions  or  occupations  as  mer 
chants,  or  otherwise,  may  remain  in  peaceable  enjoyment 
of  all  civil  rights,  and  in  pursuit  of  their  respective  occupa 
tions. 

4thly.  That  in  any  such  places  adjoining  to  the  water 
line  of  division,  as  may  be  under  the  specific  dominion  of 
any  particular  State,  all  persons  at  present  resident,  or 
having  possessions  or  occupations  as  merchants,  or  other 
wise,  may  remain  in  the  peaceable  enjoyment  of  all  civil 
rights,  and  in  pursuit  of  their  occupations,  until  they  shall 


DIPLOMATIC  CORRESPONDENCE,  JQ3 

receive  notice  of  removal  from  the  State  to  which  any 
such  place  may  appertain  ;  and,  upon  any  such  notice  of 
removal,  a  term  of  three  years  shall  he  allowed  for  selling, 
or  withdrawing  their  valuable  effects,  and  for  settling  their 
affairs. 

5thly.  That  his  Britannic  Majesty's  forces,  not  ex 
ceeding  in  number,  may  continue  in  the  posts 
now  occupied  by  them  contiguous  to  the  water  line,  for 
the  term  of  three  years,  for  the  purpose  of  securing  the 
lives,  property,  and  peace  of  any  persons  settled  in  that 
country,  against  the  invasion  or  ravages  of  the  neigh- 
horing  Indian  nations,  who  may  be  suspected  of  retaining 
resentments,  in  consequence  of  the  late  war. 

6thly.  That  no  tax  or  impost  whatsoever,  shall  be  laid 
on  any  articles  of  commerce  passing  or  repassing  through 
the  country,  but  that  the  trade  may  be  left  entirely  open, 
for  the  benefit  of  all  parties  interested  therein. 


THE    COMMISSIONERS'    ANSWERS  TO    MR    HARTLEY'S    six 
PROPOSITIONS. 

To  the  1st.  This  matter  has  been  already  regulated  in 
the  5th  and  6th  Articles  of  the  Provisional  Treaty,  to  the 
utmost  extent  of  our  powers.  The  rest  must  be  left  to 
the  several  States. 

2dly.  All  the  lakes,  rivers,  and  waters,  divided  by 
the  boundary  line,  or  lines,  between  the  United  States  and 
his  Britannic  Majesty's  territories,  shall  be  freely  used  and 
navigated  by  both  parties,  during  the  whole  extent  of  such 
divisions.  Regulations  concerning  roads,  carrying  places, 
and  any  land  communications  between  said  waters,  whether 
within  the  line  of  the  United  States  or  that  of  his  Majesty, 


184  COMMISSIONERS  FOR  PEACE. 

together  with  the  navigation  of  all  waters  and  rivers  in 
America,  belonging  to  either  party,  may  he  made  in  a  ne 
gotiation  of  a  treaty  of  commerce. 

3dly.  That  in  all  places  belonging  to  the  United 
States,  in  the  country  adjoining  to  the  water  line  of  divis 
ion,  and  which,  during  the  war,  were  in  his  Majesty's  pos 
session,  all  persons  at  present  resident,  or  having  possess 
ions  or  occupations  as  merchants,  or  otherwise,  may 
remain  in  the  peaceable  enjoyment  of  all  civil  rights,  and 
in  pursuit  of  their  occupations,  until  they  shall  receive  no 
tice  of  removal  from  Congress,  or  the  State  to  which  any 
such  place  may  appertain  ;  and  that  upon  any  such  notice 
of  removal,  a  term  of  two  years  shall  be  allowed  for  sell 
ing,  or  withdrawing  their  effects,  and  for  settling  their 
affairs. 

4thly.  That  his  Britannic  Majesty's  forces,  not  ex 
ceeding  in  number,  may  continue  in  the 
posts  now  occupied  by  them  contiguous  to  the  water  Hue, 
until  Congress  shall  give  them  notice  to  evacuate  the  said 
posts,  and  garrisons  of  their  own  shall  arrive  at  said  posts, 
for  the  purpose  of  securing  the  lives,  property,  and  peace 
of  any  persons  settled  in  that  country,  against  the  invasion 
or  ravages  of  the  neighboring  Indian  nations,  who  may  be 
suspected  of  retaining  resentments,  in  consequence  of  the 
late  war. 

5thly.  The  consideration  of  this  proposition  may  be 
left  to  the  treaty  of  commerce. 


DIPLOMATIC  CORRESPONDENCE.  1 85 

TO    DAVID    HARTLEY. 

PasBy,  July  17th,  1783. 
Sir, 

We  have  the  honor  to  inform  you,  that  we  have  just  re 
ceived  from  Congress,  their  ratification  in  due  form,  of  the 
Provisional  Articles  of  the  30th  of  November,  1782,  and 
we  are  ready  to  exchange  ratifications  with  his  Britannic 
Majesty's  Ministers  as  soon  as  may  be. 

By  the  same  Articles  it  is  stipulated,  that  his  Britannic 
Majesty  shall,  with  all  convenient  speed,  and  without 
causing  any  destruction,  or  carrying  away  any  negroes,  or 
other  property  of  the  American  inhabitants,  withdraw  all 
his  armies,  garrisons,  and  fleets  from  the  United  States, 
and  from  every  port,  place,  and  harbor  within  the  same. 
But,  by  intelligence  lately  received  from  America,  and  by 
the  enclosed  copies  of  letters  and  conferences  between 
General  Washington  and  Sir  Guy  Carleton,  it  appears  that 
a  considerable  number  of  negroes,  belonging  to  the  citizens 
of  the  United  States,  have  been  carried  off  from  New 
York,  contrary  to  the  express  stipulation  contained  in  the 
said  Article.  We  have  received  from  Congress  their  in 
structions  to  represent  this  matter  to  you,  and  to  request 
that  speedy  and  effectual  measures  be  taken  to  render 
that  justice  to  the  parties  interested,  which  the  true 
intent  and  meaning  of  tho  Article  in  question  plainly 
dictates. 

We  are  also  instructed  to  represent  to  you,  that  many 

of  the  British   debtors   in   America   have,  in  the  course  of 

the  war,  sustained  such  considerable  and  heavy  losses  by 

the  operations  of  the   British   arms  in  that  country,  that  a 

VOL.  x.  24 


186  COMMISSIONERS  FOR  PEACE. 

great  number  of  them  have  been  rendered  incapable  of 
immediately  satisfying  those  debts  ;  we  refer  it  to  the 
justice  and  equity  of  Great  Britain,  so  far  to  amend  the 
Article  on  that  subject,  as  that  no  execution  shall  be  issued 
on  a  judgment  to  be  obtained  in  any  such  case,  but  after 
the  expiration  of  three  years  from  the  date  of  the  defini 
tive  treaty  of  peace.  Congress  also  think  it  reasonable, 
that  such  part  of  the  interest,  which  may  have  accrued  on 
such  debts  during  the  war,  shall  not  be  payable,  because 
all  intercourse  between  the  two  countries  had,  during  that 
period,  become  impracticable,  as  well  as  improper.  It 
does  not  appear  just,  that  individuals  in  America  should 
pay  for  delays  in  payment,  which  were  occasioned  by  the 
civil  and  military  measures  of  Great  Britain,  In  our 
opinion,  the  interest  of  the  creditors  as  well  as  the  debtors, 
requires  that  some  tenderness  be  shown  to  the  latter,  and 
that  they  should  be  allowed  a  little  time  to  acquire  the 
means  of  discharging  debts,  which,  in  many  instances, 
exceed  the  whole  amount  of  their  property. 

As  it  is  necessary  to  ascertain  an  epocha  for  the  restitu 
tions  and  evacuations  to  be  made,  we  propose,  that  it  be 
agreed,  that  his  Britannic  Majesty  shall  cause  to  be  evacu 
ated  the  posts  of  New  York,  Penobscot,  and  their  depen 
dencies  with  all  other  posts  and  places  in  possession  of  his 
Majesty's  arms  within  the  United  States,  in  the  space  of 
three  months  after  the  signature  of  the  definitive  treaty,  or 
sooner,  if  possible,  excepting  those  posts  contiguous  to  the 
water  line,  mentioned  in  the  4th  proposition,  and  those 
shall  be  evacuated  when  Congress  shall  give  the  notice 
therein  mentioned. 

We  do  ourselves  the  honor  of  making  these  communi 
cations  to  you,  Sir,  that  you  may  transmit  them,  and  the 


DIPLOMATIC  CORRESPONDENCE.  137 

papers    accompanying  them,  to    your  Court,  and  inform 

us  of  their  answer. 

We  have  the  honor  to  be,  &c.  &LC. 

JOHN  ADAMS, 
B.  FRANKLIN, 
JOHN  JAY. 


TO    ROBERT    K.     LIVINGSTON. 

Passy,  July  18th,  1783. 
Sir, 

We  have  had  the  honor  of  receiving  by  Captain 
Barney  your  two  letters  of  the  25th  of  March  and 
21st  of  April,  with  the  papers  referred  to  in  them. 

We  are  happy  to  find,  that  the  Provisional  Articles 
have  been  approved  and  ratified  by  Congress,  and  we 
regret,  that  the  manner  in  which  that  business  was 
conducted,  does  not  coincide  with  your  ideas  of  pro 
priety.  We  are  persuaded,  however,  that  this  is 
principally  owing  to  your  being  necessarily  unac 
quainted  with  a  number  of  circumstances,  known  to 
us,  who  were  on  the  spot,  and  which  will  be  particu 
larly  explained  to  you  hereafter,  and,  we  trust,  to 
your  satisfaction,  and  that  of  the  Congress. 

Your  doubls  respecting  the  Separate  Article,  we 
think,  are  capable  of  being  removed  ;  but  as  a  full 
state  of  the  reasons  and  circumstances,  which  promp 
ted  that  measure,  would  be  very  prolix,  we  shall 
content  ourselves  with  giving  you  the  general  out 
lines. 

Mr  Oswald  was  desirous  to  cover  as  much  of  the 
eastern  shores  of  the  Mississippi  with  British  claims 


188  COMMISSIONERS  FOR  PEACE. 

as  possible  ;  and,  for  this  purpose,  we  were  told  a 
great  deal  about  the  ancient  bounds  of  Canada,  Louis 
iana,  &c.  &c.  The  British  Court,  who  had,  probably, 
not  yet  adopted  the  idea  of  relinquishing  the  Floridas, 
seemed  desirous  of  annexing  as  much  territory  to  them 
as  possible,  even  up  to  the  mouth  of  the  Ohio.  Mr 
Oswald  adhered  strongly  to  that  object,  as  well  to  ren 
der  the  British  countries  there  of  sufficient  extent  to 
be  (as  he  expressed  it)  worth  keeping  and  protecting, 
as  to  afford  a  convenient  retreat  to  the  tories,  for 
whom  it  would  be  difficult  otherwise  to  provide  ;  and, 
among  other  arguments,  he  finally  urged  his  being 
willing  to  yield  to  our  demands  to  the  east,  north,  and 
west,  as  a  further  reason  for  our  gratifying  him  on  the 
point  in  question.  He  also  produced  the  commission 
of  Governor  Johnson,  extending  the  bounds  of  his 
government  of  West  Florida,  up  to  the  river  Yazoo  ; 
and  contended  for  that  extent  as  a  matter  of  right, 
upon  various  principles,  which,  however,  we  did  not 
admit,  the  King  not  being  authorised,  in  our  opinion 
to  extend  or  contract  the  bounds  of  the  colonies  at 
pleasure. 

We  were  of  opinion,  that  the  country  in  contest  was 
of  great  value,  both  on  account  of  its  natural  fertility 
and  of  its  position,  it  being,  in  our  opinion,  the  inter 
est  of  America  to  extend  as  far  down  towards  the 
mouth  of  the  Mississippi  as  we  possibly  could.  We 
also  thought  it  advisable  to  impress  Britain  with  a 
strong  sense  of  the  importance  of  the  navigation  of  that 
river  to  their  future  commerce  on  the  interior  waters, 
from  the  mouth  of  the  St  Lawrence  to  that  of  the 
Mississippi,  and  thereby  render  that  Court  averse  to 


DIPLOMATIC  CORRESPONDENCE.  189 

any  stipulations  with  Spain    to   relinquish   it.     These 
two  objects  militated   against  each   other,   because  to 
enhance  the  value  of  the    navigation,  was  also    to   en 
hance  the  value  of  the  countries  contiguous   to  it,  and 
thereby  disincline  Britain  to   the  dereliction   of  them. 
We  thought,  therefore,  that  the  surest  way  to  reconcile 
and  obtain  both    objects    would    be   by   a   composition 
beneficial    to    both   parties.     We   therefore    proposed, 
that  Britain  should  withdraw  her  pretensions  to  all  the 
country  above  the  Yazoo,  and  that  we  would   cede  all 
below  it  to  her,  in  case  she   should  have  the  Floridas 
at  the    end    of  the  war;  and,  at  all  events,   that  she 
should  have  a  right  to   navigate   the   river  throughout 
its  whole  extent.     This  proposition   was  accepted,  and 
we  agreed  to  insert  the  contingent  fact  of  it  in  a  sepa 
rate  Article,  for  the  express  purpose  of  keeping  it  se 
cret  for  the  present.     That   Article   ought  not,   there 
fore,  to  be  considered   as  a    mere   matter  of  favor   to 
Britain,  but  as  the  result  of  a  bargain,  in   which   that 
Article  was  a  quid  pro  quo. 

It  was  in  our  opinion,  both  necessary  and  justifiable, 
to  keep  this  Article  secret.  The  negotiations  be 
tween  Spain,  France,  and  Britain  were  then  in  full 
vigor,  and  embarrassed  by  a  variety  of  clashing  de 
mands.  The  publication  of  this  Article  would  have 
irritated  Spain,  and  retarded,  if  not  have  prevented 
her  coming  to  an  agreement  with  Britain. 

Had  we  mentioned  it  to  the  French  Minister,  he 
must  have  not  only  informed  Spain  of  it,  but  also  been 
obliged  to  act  a  part  respecting  it,  that  would  prob 
ably  have  been  disagreeable  to  America  ;  and  he  cer 
tainly  has  reason  to  rejoice  that  our  silence  .saved  him 
that  delicate  and  disagreeable  task. 


IQO  COMMISSIONERS  FOR  PEACE. 

This  was  an  Article,  in  which  France  had  not  the 
smallest  interest,  nor  is  there  anything  in  her  treaty 
with  us,  that  restrains  us  from  making  what  bargain 
we  please  with  Britain  about  those  or  any  other  lands, 
without  rendering  account  of  such  transaction  to  her 
or  any  other  power  whatever.  The  same  observation 
applies  with  still  greater  force  to  Spain  ;  and  neither 
justice  nor  honor  forbid  us  to  dispose  as  we  pleased  of 
our  own  lands  without  her  knowledge  or  consent. 
Spain  at  that  very  time  extended  her  pretensions  and 
claims  of  dominion,  not  only  over  the  tract  in  question 
but  over  the  vast  region  lying  between  the  Floridas 
and  Lake  Superior  ;  and  this  Court  was  also,  at  that 
very  time,  soothing  and  nursing  those  pretensions  by 
a  proposed  conciliatory  line  for  splitting  the  difference. 
Suppose,  therefore,  we  had  offered  this  tract  to  Spain, 
in  case  she  retained  the  Floridas,  should  we  even  have 
had  thanks  for  it  ?  or  would  it  have  abated  the  cha 
grin  she  experienced  from  being  disappointed  in  her 
extravagant  and  improper  designs  on  that  whole  coun 
try  f  We  think  not. 

We  perfectly  concur  with  you  in  sentiment,  Sir, 
that  ''honesty  is  the  best  2wUcy."  But,  until  it  be  shown 
that  we  have  trespassed  on  the  rights  of  any  man,  or 
body  of  men,  you  must  excuse  our  thinking  that  this 
remark  as  applied  to  our  proceedings  was  unnecessary. 

Should  any  explanations,  either  with  France  or 
Spain  become  necessary  on  this  subject,  we  hope  and 
expect  to  meet  with  no  embarrassment.  We  shall 
neither  amuse  them  nor  perplex  ourselves  with  flimsy 
excuses,  but  tell  them  plainly,  that  it  was  not  our 
dutv  to  give  them  the  information  ;  *»ve  considered 


DIPLOMATIC  CORRESPONDENCE  191 

ourselves  at  liberty  to  withhold  it.  And  we  shall  re 
mind  the  French  Minister  that  he  has  more  reason  to 
be  pleased  than  displeased  with  our  silence.  Since 
we  have  assumed  a  place  in  the  political  system  of  the 
world,  let  us  move  like  a  primary  and  not  like  a  sec 
ondary  planet. 

We  are  persuaded,  Sir,  that  your  remarks  on  these 
subjects  resulted  from  real  opinion  and  were  made 
with  candor  and  sincerity.  The  best  men  will  view 
objects  of  this  kind  in  different  lights  even  when 
standing  on  the  same  ground  ;  and  it  is  not  to  be 
wondered  at,  that  we,  who  are  on  the  spot  and  have 
the  whole  transaction  under  our  eyes,  should  see  many 
parts  of  it  in  a  stronger  point  of  light,  than  persons 
at  a  distance,  who  can  only  view  it  through  the  dull 
medium  of  representation. 

It  would  give  us  great  pain  if  anything  we  have 
written  or  now  write  respecting  this  Court  should  be 
construed  to  impeach  the  friendship  of  the  King  and 
nation  for  us.  We  also  believe  that  the  Minister  is  so 
far  our  friend,  and  is  disposed  so  far  to  do  us  good 
offices,  as  may  correspond  with,  and  be  dictated  by  his 
system  of  policy  for  promoting  the  power,  riches,  and 
glory  of  France.  God  forbid  that  we  should  ever 
sacrifice  our  faith,  our  gratitude,  or  our  honor,  to  any 
considerations  of  convenience  ;  and  may  He  also  for 
bid  that  we  should  ever  be  unmindful  of  the  dignity 
and  independent  spirit,  which  should  always  character 
ize  a  free  and  generous  people. 

We  shall  immediately  propose  an  Article  to  be  in 
serted  in  the  definitive  treaty  for  postponing  the  pay 
ment  of  British  debts  for  the  time  mentioned  by  Con 
gress, 


192  COMMISSIONERS  FOR  PEACE. 

There  are,  no  doubt,  certain  ambiguities  in  our  Articles, 
hut  it  is  not  to  be  wondered  at,  when  it  is  considered  how 
exceedingly  averse  Britain  was  to  any  expressions,  which 
explicitly  wounded  the  tories;  and  how  disinclined  we  were 
to  use  any,  that  should  amount  to  absolute  stipulations 
in  their  favor. 

The  words  for  returning  the  property  of  real  British 
subjects  were  well  understood  and  explained  between  us, 
not  to  m«an  or  comprehend  American  refugees.  Mr  Os 
wald  and  Mr  Fitzherbert  know  this  to  have  been  the  case, 
and  will  readily  confess  and  admit  it.  This  mode  of  ex 
pression  was  preferred  by  them,  as  a  more  delicate  mode 
of  excluding  those  refugees,  and  of  making  a  proper  dis 
tinction  between  them  and  the  subjects  of  Britain,  whose 
only  particular  interest  in  America  consisted  in  holding 
lands  or  property  there. 

The  6th  Article,  viz.  where  it  declares,  that  no  future 
confiscations  shall  be  made,  Sic.  ought  to  have  fixed  the  time 
with  greater  accuracy.  We  think  the  most  fair  and  true 
construction  is,  that  it  relates  to  the  date  of  the  cessation  of 
hostilities.  That  is  the  time  when  peace  in  fact  took 
place,  in  consequence  of  prior  informal,  though  binding, 
contracts  to  terminate  the  war.  We  consider  the  defini 
tive  treaties,  as  only  giving  the  dress  of  form  to  those  con 
tracts,  and  not  as  constituting  the  obligation  of  them.  Had 
the  cessation  of  hostilities  been  the  effect  of  truce,  and  con 
sequently  nothing  more  than  a  temporary  suspension  of 
war,  another  construction  would  have  been  the  true  one. 

We  are  officially  assured  by  Mr  Hartley,  that  positive 
orders  for  the  evacuation  of  New  York  have  been  de 
spatched,  and  that  no  avoidable  delay  will  retard  that  event. 
Had  we  proposed  to  fix  a  time  for  it,  the  British  Cornmis- 


DIPLOMATIC  CORRESPONDENCE.  193 

sioner  would  have  contended,  that  it  should  be  a  time  pos 
terior  to  the  date  of  the  definitive  treaty,  and  that  would 
have  been  probably  more  disadvantageous  to  us,  than  as 
that  Article  now  stands. 

We  are  surprised  to  hear,  that  any  doubts  have  arisen 
in  America,  respecting  the  time  when  the  cessation  of  hos 
tilities  took  place  there.  It  most  certainly  took  place  at 
the  expiration  of  one  month  after  the  date  of  that  declara 
tion,  in  all  parts  of  the  world,  whether  by  land  or  sea,  that 
lay  north  of  the  latitude  of  the  Canaries. 

The  ships  afterwards  taken  from  us,  in  the  more  north 
erly  latitudes,  ought  to  be  reclaimed  and  given  up.  We 
shall  apply  to  Mr  Hartley  on  this  subject,  and  also  on 
that  of  the  transportation  of  negroes  from  New  York,  con 
trary  to  the  words  and  intention  of  the  provisional  articles. 
We  have  the  honor  to  be,  &c. 

JOHN  ADAMS, 
B.  FRANKLIN, 
JOHN  JAY. 

TO    ROBERT    R.    LIVINGSTON. 

Paris,  July  27th,  1783. 

Sir, 

The  definitive  treaties  between  the  late  belligerent  pow 
ers  are  none  of  them  yet  completed.  Ours  has  gone  on 
slowly,  owing  partly  to  the  necessity  Mr  Hartley,  successor 
of  Mr  Oswald,  thinks  himself  under  of  sending  every  pro 
position,  either  his  own  or  ours,  to  his  Court  for  their  ap 
probation,  and  their  delay  in  answering,  through  negligence 
perhaps,  since  they  have  heard  our  ports  are  open,  or 
through  indecision,  occasioned  by  ignorance  of  the  sub 
ject,  or  through  want  of  union  among  fhe  Ministers.  We 
VOL.  x.  25 


194  COMMISSIONERS  FOR  PEACE, 

send  you  herewith  copies  of  several  papers,  that  have 
passed  between  us.  He  has  for  some  time  assured  us,  that 
he  is  in  hourly  expectation  of  answers,  but  they  do  not 
arrive.  The  British  Proclamation,  respecting  thf  com 
merce,  appears  to  vex  him  a  good  deal.  We  enclose  a 
copy.  And  we  are  of  opinion,  that  finally  we  shall  find 
it  best  to  drop  all  commercial  articles  in  our  definitive 
treaty,  and  leave  everything  of  that  kind  to  a  future  special 
treaty,  to  be  made  either  in  America  or  in  Europe,  as 
Congress  shall  think  fit  to  order.  Perhaps  it  may  be  best 
to  give  powers  for  that  purpose  to  the  Minister,  that  prob 
ably  will  be  sent  to  London.  The  opinion  here  is,  that  it 
will  be  becoming  in  us  to  take  the  first  step  towards  the 
mutual  exchange  of  Ministers,  and  we  have  been  assured 
by  the  English  Minister,  who  treats  with  us  here,  that  ours 
will  be  well  received. 

The  Dutch  preliminaries  are  not  yet  agreed  on,  and  it 
seems  to  be  settled,  that  we  are  to  sign  all  together,  in  the 
presence  of  the  Ministers  of  the  two  Imperial  Courts,  who 
are  to  be  complimented  with  the  opportunity  of  signing  as 
mediators,  though  they  have  not  yet,  and  perhaps  will  not 
be  consulted  in  the  negotiations.  Mr  Adams  has  gone  to 
Holland  for  three  weeks,  but  will  return  sooner  if  wanted. 
The  propositions  you  mention,  as  made  to  us  from  that 
State,  we  suppose  he  has  given  you  an  account  of.  Noth 
ing  was,  or  is  likely  to  be,  done  upon  them  here,  and 
therefore  it  was  less  necessary  to  say  anything  concerning 
them.  A  Minister  from  thence  has  been  gone  some  time 
to  Congress,  and  if  he  has  those  propositions  in  charge, 
they  will  best  be  considered  there. 

With  great  esteem,  we  have  the  honor  to  be,  &c. 

B.  FRANKLIN. 
JOHN  JAY. 


DIPLOMATIC  CORRESPONDENCE.  195 


PROJECT  FOR  A  DEFINITIVE  TREATY  OF  PEACE. 

Project  for  the  Definitive  Treaty  of  Peace  and  Friend- 
ship,  between  his  Britannic  Majesty  and  the  United 
States  of  America,  concluded  at  the 

day  of  1783. 

Be  it  known  to  all  those,  to  whom  it  shall  or  may  in  any 
manner  belong. 

It  has  pleased  the  Most  High  to  diffuse  the  spirit  of 
union  and  concord  among  the  nations,  whose  divisions  had 
spread  troubles  in  the  four  parts  of  the  world,  and  to  in 
spire  them  with  the  inclination  to  cause  the  comforts  of 
peace,  to  succeed  to  the  misfortunes  of  a  long  and  bloody 
war,  which  having  arisen  between  Great  Britain  and  the 
United  States  of  America,  in  its  progress  communicated 
itself  to  France,  Spain,  and  the  United  Netherlands. 

Consequently  the  United  Stales  of  America,  did,  on  the 
fifteenth  of  June,  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  eightyone,  name  and  appoint  their 
Ministers  Plenipotentiary,  and  resolve,  ordain,  and  grant 
their  Commission  in  the  following  words,  viz.  [See 
page  71.] 

And  his  Majesty,  the  King  of  Great  Britain,  did  on  the 
twentyfirst  day  of  September,  in  the  twentysecond  year 
of  his  reign,  issue  his  Commission,  under  the  great  seal 
of  Great  Britain,  to  Richard  Oswald,  in  the  words  follow 
ing,  viz.  [See  page  80.] 

And  his  said  Britannic  Majesty,  on  the  one  part,  and 
the  said  United  Slates  of  America  on  the  other,  did  lay 
the  foundations  of  peace  in  the  preliminaries,  signed  at 
Paris,  on  the  thirtieth  of  November  last,  by  the  said  Rich- 


196  COMMISSIONERS  FOR  PEACE. 

ard  Oswald,  on  the  part  of  his  said  Majesty,  and  by  the 
said  John  Adams,  Benjamin  Franklin,  John  Jay,  and 
Henry  Laurens,  on  the  part  of  the  said  United  States,  in 
virtue  of  their  respective  full  powers  aforesaid,  and  after 
having  mutually  shown  to  each  other  their  said  full  powers 
in  good  form,  and  mutually  exchanged  authenticated 
copies  of  the  same. 

And  his  said  Britannic  Majesty  did.  on  the  twentyfourth 
day  of  July,  in  the  year  of  our  Lord  one  thousand,  seven 
hundred  and  eightytwo,  and  in  the  twentysecond  year  of  his 
reign,  issue  his  Commission,  signed  with  his  royal  hand,  and 
under  the  great  seal  of  Great  Britain,  to  Alleyne  Fitzherbert, 
in  the  following  words,  viz.  [Here  follows  the  Commission.] 

And  the  said  Alleyne  Fitzherbert,  on  the  part  of  his  said 
Britannic  Majesty,  and  John  Adams  and  Benjamin  Franklin, 
in  the  necessary  absence  of  the  said  John  Jay  and  Henry 
Laurens,  on  the  part  of  the  said  United  States,  did,  at  Ver 
sailles,  on  the  twentieth  day  of  January  last,  communicate 
to  each  other  their  full  powers  aforesaid,  in  good  form,  and 
agreed  upon  an  armistice  in  the  words  following ;  [See 
pp.  121,  123.] 

And  his  Britannic  Majesty  did  on  the 
da7   of  in   the   year    of  our   Lord,   one 

thousand  seven  hundred  and  eightythree,  and  in  the 
twentythird  year  of  his  reign,  issue  his  Commission,  signed 
with  his  royal  hand,  and  under  the  great  seal  of  Great 
Britain,  to  David  Hartley,  in  the  following  words,  viz. ; 
[Here  follows  the  Commission.] 

And  now  the  said  David  Hartley,  Minister  Plenipoten 
tiary  of  his  said  Britannic  Majesty,  in  behalf  of  his  said 
Majesty  on  the  one  part,  and  John  Adarns,  Benjamin 
Franklin,  and  John  Jay,  Ministers  Plenipotentiary  of  the 


DIPLOMATIC  CORRESPONDENCE.  197 

said  United  States  of  America,  in  behalf  of  the  said  States 
on  the  other,  having  communicated  to  each  other  their 
aforesaid  full  powers  in  good  form,  and  mutually  ex 
changed  authenticated  copies  of  the  same,  have,  by  virtue 
thereof  agreed,  and  do  hereby  agree  and  conclude  upon 
the  Articles,  the  tenor  of  which  is  as  follows,  viz. 

Whereas  reciprocal  advantages  and  mutual  convenience 
are  found,  by  experience,  to  form  the  only  permanent 
foundation  of  peace  and  friendship  between  States,  it  is 
agreed  to  form  the  Articles  of  this  treaty  on  such  princi 
ples  of  liberal  equity  and  reciprocity,  as  that  partial  advan 
tages,  those  seeds  of  discord,  being  excluded,  such  a  bene 
ficial  and  satisfactory  intercourse  between  the  two  coun 
tries  may  be  established,  as  to  promise  and  secure  to  both 
perpetual  peace  and  harmony. 

ARTICLE     I. 

The  same  as  Article  1st  of  the  preliminary  treaty,  but 
finishing  at  "every  part  thereof." 

ARTICLE    II. 

The  same  as  Article  2d  of  the  preliminary  treaty,  b<\t 
commencing  with  the  remaining  part  of  Article  1st,  "and 
that  all  disputes,"  &c.  and  ending  with  the  words,  "and 
the  Atlantic  ocean." 

ARTICLE  ii  r. 
The  same  as  Article  3d  of  the  preliminary  treaty. 

ARTICLE    IV. 

It  is  agreed,  that  creditors  on  either  side,  shall  meet 
with  no  lawful  impediment  to  the  recovery  of  the  full  value 
in  sterling  money  of  all  bonajide  debts  heretofore  contrac- 


198  COMMISSIONERS  FOR  PEACE. 

ted,  excepting  that  the  respective  governments  on  both 
sides  may,  if  they  think  proper,  pass  acts  directing,  that,  in 
consideration  of  the  distresses  and  disabilities  brought  on 
by  the  war,  and  by  the  interruption  of  commerce,  no  exe 
cution  shall  be  issued  on  a  judgment  to  be  obtained  in  any 
such  case,  until  after  the  expiration  of  three  years  from  the 
date  of  this  definitive  treaty  ;  nor  shall  such  judgments  in 
clude  any  allowance  for  interest  for  the  time  that  passed 
during  the  war,  and  until  the  signing  hereof. 

ARTICLE    V. 

And  whereas  doubts  have  arisen  concerning  the  true 
construction  of  the  5th  Article  of  the  provisional  treaty, 
and  great  difficulties  are  likely  to  arise  in  its  execution,  it 
is  hereby  agreed,  that  the  same  shall  be  declared  void, 
and  omitted  in  this  definitive  treaty. 

And,  instead  thereof,  it  is  agreed,  that  as  exact  an 
account  as  may  be,  shall  be  taken  by  Commissioners  to  be 
appointed  for  that  purpose  on  each  part,  of  all  seizures, 
confiscations,  or  destruction  of  property  belonging  to  the 
adherents  of  the  Crown  of  Great  Britain  in  America,  (ex 
clusive  of  prizes  made  at  sea,  and  debts  mentioned  in  the 
preceding  Article.)  and  an  account  of  all  seizures,  confis 
cations,  or  destruction  of  property  belonging  to  the  ad 
herents  of  the  United  States  residing  either  therein,  or  in 
Canada ;  and  the  said  property  being  duly  appraized  and 
valued,  the  accounts  thereof  shall  be  compared,  and  the 
balance  shall  be  paid  in  money  by  the  party,  which  has 
suffered  least,  within  one  year  after  such  adjustment  of  the 
said  accounts.  And  it  is  further  agreed,  that  all  persons, 
who  have  any  interest  in  confiscated  lands,  either  by  debts, 
or  marriage  settlements,  or  otherwise,  shall  meet  with  no 
lawful  impediment  in  the  prosecution  of  their  just  rights. 


DIPLOMATIC  CORRESPONDENCE.  )  99 

ARTICLE    VI. 

The  same  as  Article  6th  of  the  preliminary  treaty. 

ARTICLE    VJI. 

There  shall  be  a  (inn  and  perpetual  peace  between  his 
Britannic  Majesty  and  the  said  States,  and  between  the 
subjects  of  the  one,  and  the  citizens  of  the  other.  And  his 
Britannic  Majesty  shall,  with  all  convenient  speed,  and 
without  causing  any  destruction,  or  carrying  away  any 
negroes,  or  other  property  of  the  American  inhabitants, 
withdraw  all  his  armies,  garrisons,  and  fleets  from  the  said 
United  States,  and  from  every  port,  place,  and  harbor 
within  the  same,  leaving  in  all  fortifications  the  American 
artillery  that  may  be  therein.  And  shall  also  order  and 
cause  all  archives,  records,  deeds,  and  papers  belonging  to 
any  of  the  said  States,  or  their  citizens,  which,  in  the 
course  of  the  war,  may  have  fallen  into  the  hands  of  his 
officers,  to  be  forthwith  restored  and  delivered  to  the 
proper  States  and  persons  to  whom  they  belong.  And  all 
destruction  of  property,  or  carrying  away  of  negroes,  or 
other  property  belonging  to  the  American  inhabitants,  con 
trary  to  the  above  stipulation,  shall  be  duly  estimated  and 
compensated  to  the  owners. 

ARTICLE    VIII. 

The  navigation  of  the  rivers  Mississippi  and  St 
Lawrence  from  their  sources  to  the  ocean,  shall  for 
ever  remain  free  and  open  to  the  subjects  of  Great 
Britain  and  the  citizens  of  the  United  States. 

ARTICLE    IX. 

The  prisoners  made  respectively  by  the  arms  of  his 
Britannic  Majesty  and  the  United  States,  by  land  and 


200  COMMISSIONERS  FOR  PEACE, 

by  sea,  not  already  set  at  liberty,  shall  be  restored 
reciprocally  and  bonafide,  immediately  after  the  ratifi 
cation  of  the  definitive  treaty,  without  ransom,  and  on 
paying  the  debts  they  may  have  contracted  during 
their  captivity ;  and  each  party  shall  respectively  re 
imburse  the  sums  which  shall  have  been  advanced  for 
the  subsistence  and  maintenance  of  their  prisoners  by 
the  sovereign  of  the  country  where  they  shall  have 
been  detained,  according  to  the  receipts  and  attested 
accounts  and  other  authentic  titles,  which  shall  be 
produced  on  each  side  to  commissioners,  who  shall  be 
mutually  appointed  for  the  purpose  of  settling  the 
same. 

ARTICLE    X. 

His  Britannic  Majesty  shall  employ  his  good  offices 
and  interposition  with  the  King  or  Emperor  of  Mo 
rocco  or  Fez,  the  Regencies  of  Algiers,  Tunis,  and 
Tripoli,  or  with  any  of  them,  and  also  with  every 
other  Prince,  State,  or  Power  of  the  coast  of  Barbary 
in  Africa,  and  the  subjects  of  the  said  King,  Emperor, 
States,  and  Powers,  and  each  of  them,  in  order  to 
provide,  as  fully  and  efficaciously  as  possible,  for  the 
benefit,  conveniency  and  safety  of  the  said  United 
States,  and  each  of  them,  their  subjects,  people,  and 
inhabitants,  and  their  vessels  and  effects,  against  all 
violence,  insult,  attacks,  or  depredations,  on  the  part 
of  the  said  Provinces  and  States  of  Barbary,  or  their 
subjects. 

ARTICLE    XI. 

If  war  should  hereafter  arise  between  Great  Britain 
and  the  United  States,  which  God  forbid,  the  mer- 


DIPLOMATIC  CORRESPOJS7DEi\CE.  201 

chants  of  either  country,  then   residing  in   the   other, 
shall  be  allowed  to  remain  nine  months  to  collect  their 
debts  and  settle  their  affairs,   and    may    depart   freely, 
carrying  off  all   their  effects,    without   molestation   or 
hinderance.     And  all  fishermen,  all  cultivators  of  the 
earth,  and  all  artisans  or  manufacturers,  unarmed   and 
inhabiting  unfortified    towns,   villages,  or  places,  who 
labor  for  the  common  subsistence  and  benefit  of  man 
kind,  and  peaceably    follow  their  respective   employ 
ments,  shall  be  allowed  to  continue  the  same,  and  shall 
not  be  molested  by  the  armed  force  of  the  enemy,  in 
whose  power,  by  the  events  of  war,  they  rnay  happen 
to  fall  ;  but  if  anything  is  necessary  to  be  taken  from 
them  for  the  use  of  such   armed  force,  the    same  shall 
be  paid  for  at  a   reasonable   price.     All  merchants  or 
traders,  with  their  unarmed  vessels  employed  in  com 
merce,  exchanging  the  products  of  different  places,  and 
thereby  rendering   the   necessaries,  conveniences  and 
comforts  of  human  life  more  easy  to  obtain,  and  more 
general,  shall  be   allowed    to    pass   freely    unmolested. 
And  neither  of  the  powers,  parties  to  this  treaty,  shall 
grant  or  issue  any    commission    to  any  private  armed 
vessel,   empowering    them    to    take    or    destroy    such 
trading  ships  or  interrupt  such  commerce. 

ARTICLE    XII. 

And  in  case  either  of  the  contracting  parties  shall 
happen  to  be  engaged  in  war  with  any  other  nation, 
it  is  fuither  agreed,  in  order  to  prevent  all  the  difficul 
ties  and  misunderstandings  that  usually  arise  respect 
ing  the  merchandise  heretofore  called  contraband,  such 
as  arms,  ammunition,  and  military  stores  of  all  kinds, 
VOL.  x.  26 


202  COMMISSIONERS  FOR  PEACE 

that  no  such  articles  carrying  by  the  ships  or  subjects 
of  one  of  the  parties  to  the  enemies  of  the  other,  shall, 
on  any  account,  be  deemed  contraband,  so  as  to  induce 
confiscation  and  a  loss  of  property  to  individuals; 
nevertheless,  it  shall  be  lawful  to  stop  such  ships  and 
detain  them  for  such  length  of  time  as  the  captors  may 
think  necessary  to  prevent  the  inconvenience  or  dam 
age  that  might  ensue  from  their  proceeding  on  their 
voyage,  paying,  however,  a  reasonable  compensation 
for  the  loss  such  arrest  shall  occasion  to  the  proprie 
tors.  And  it  shall  further  be  allowed  to  use  in  the 
service  of  the  captors,  the  whole,  or  any  part  of  the 
military  stores  so  detained,  paying  to  the  owners  the 
full  value  of  the  same,  to  be  ascertained  by  the  current 
price  at  the  place  of  its  destination. 

ARTICLE  xin. 

The  citizens  and  inhabitants  of  the  said  United 
States,  or  any  of  them,  may  take  and  hold  real  estates 
in  Great  Britain,  Ireland,  or  any  other  of  his  Majes 
ty's  dominions,  and  dispose  by  testament,  donation,  or 
otherwise,  of  their  property,  real  or  personal,  in  favor 
of  such  persons  as  to  them  shall  seem  fit;  and  their 
heirs,  citizens  of  the  United  States,  or  any  of  them, 
residing  in  the  British  dominions,  or  elsewhere,  may 
succeed  them,  ab  intestato,  without  being  obliged  to 
obtain  letters  of  naturalization. 

The  subjects  of  his  Britannic  Majesty  shall  enjoy 
on  their  part,  in  all  the  dominions  of  the  said  United 
States,  an  entire  and  perfect  reciprocity,  relative  to  the 
stipulations  contained  in  the  present  Article. 


DIPLOMATIC  CORRESPONDENCE.  203 

ARTICLE    XIV. 

His  Majesty  consents,  that  the  citizens  of  the  United 
States  may  cut  logwood  as  heretofore  in  the  district 
allotted  to  his  subjects  by  the  treaty  with  Spain,  on 
condition  that  they  bring  or  send  the  said  logwood  to 
Great  Britain,  or  Ireland,  and  to  no  other  part  of 
Europe. 

ARTICLE  xv. 

All  the  lakes,  rivers,  and  waters,  divided  by  the 
boundary  line,  or  lines,  between  his  Britannic  Majes 
ty's  territories  and  those  of  the  United  States,  as  well 
as  the  rivers  mentioned  in  Article  shall  be 

freely  used  and  navigated  by  the  subjects  and  citizens 
of  his  said  Majesty  and  of  the  said  States,  in  common 
over  the  whole  extent  or  breadth  of  the  said  lakes, 
rivers  and  waters.  And  all  the  carrying  places,  on 
which  side  soever  situated  of  the  said  dividing  waters, 
or  between  the  said  rivers  and  the  waters  or  territories 
of  either  of  the  parties,  may  and  shall  be  freely  used 
by  the  traders  of  both,  without  any  restraint,  demand 
of  duties,  or  tax,  or  any  imposition  whatsoever,  ex 
cept  such  as  inhabitants  of  the  country  may  be  sub 
ject  to. 

ARTICLE    XVI. 

That  in  all  places  belonging  to  the  United  States,  or 
either  of  them,  in  the  country  adjoining  to  the  water 
line  of  division,  and  which,  during  the  war,  were  in 
his  Majesty's  possession,  all  persons  at  present  resident 
or  having  possessions  or  occupations  as  merchants  or 
otherwise,  may  remain  in  the  peaceable  enjoyment  of 


204  COMMISSIONERS  FOR  PEACE. 

all  civil  rights,  and  in  pursuit  of  their  occupations,, 
unless  they  shall  within  seven  years  from  the  date 
hereof,  receive  notice  from  Congress  or  the  State  to 
which  any  such  place  may  appertain,  to  remove,  and 
that  upon  any  such  notice  of  removal  a  term  of  two 
years  shall  be  allowed  for  selling  or  withdrawing  their 
effects  and  for  settling  their  affairs. 

ARTICLE    XVII. 

It  is  further  agreed,   that   his   Britannic   Majesty's 
forces,   not   exceeding  in  number, 

may  continue  in  the  posts  now  occupied  by  them, 
contiguous  to  the  water  line,  until  Congress  shall  give 
them  notice  to  evacuate  the  said  posts,  and  American 
garrisons  shall  arrive  at  said  posts  for  the  purpose  of 
securing  the  lives,  property,  and  peace  of  any  persons 
settled  in  that  country,  against  the  invasion  or  ravages 
of  the  neighboring  Indian  nations,  who  may  be  sus 
pected  of  retaining  resentments  in  consequence  of  the 
late  war. 

ARTICLE    XVIII, 

It  is  further  agreed,  that  his  Britannic  Majesty  shall 
cause  to  be  evacuated  the  ports  of  New  York,  Penob- 
scot  and  their  dependencies,  with  all  other  posts  and 
places  in  possession  of  his  Majesty's  arms  within  the 
United  States,  in  three  months  after  the  signing  of  this 
treaty,  or  sooner  if  possible,  excepting  those  posts 
contiguous  to  the  water  line  abovementioned,  which 
are  to  be  evacuated  on  notice  as  specified  in  Article 

XVII. 

ARTICLE    XIX. 

It  is  agreed  that  all   vessels,  which  shall   have   been 


DIPLOMATIC  CORRESPONDENCE.  205 

taken  by  either  party  from  the  other,  after  the  term  of 
twelve  days  within  the  Channel  or  the  North  Seas,  or 
after  the  term  of  one  month  anywhere  to  the  north 
ward  of  the  latitude  of  the  Canaries  inclusively,  or 
after  the  term  of  two  months  between  the  latitude  of 
the  Canaries  and  the  Equinoctial  line,  or  after  the 
term  of  five  months  in  any  other  part  of  the  world, 
(all  which  said  terms  are  to  be  computed  from  the  third 
day  of  February  last,)  shall  be  restored. 

His  said  Britannic  Majesty  and  the  said  United 
States  promise  to  observe  sincerely  and  bona  fide,  all 
the  Articles  contained  and  settled  in  the  present 
treaty  ;  and  they  will  not  suffer  the  same  to  be  in 
fringed,  directly  or  indirectly,  by  their  respective  sub 
jects  and  citizens. 

The  solemn  ratifications  of  the  present  treaty,  expe 
dited  in  good  and  due  form,  shall  be  exchanged  in  the 
city  of  London,  or  Philadelphia,  between  the  contract 
ing  parties  in  the  space  of  months,  or  sooner 
if  possible,  to  be  computed  from  the  day  of  the  signa 
ture  of  the  present  treaty. 

In  witness  whereof,  we,  the  underwritten,  their 
Ministers  Plenipotentiary,  have  signed  with  our  hands, 
in  their  name,  and  in  virtue  of  our  full  powers,  the 
present  definitive  treaty,  and  have  caused  the  seal  of 
our  arms  to  be  put  thereto. 

Done  at  the  day  of 

1783. 


206  COMMISSIONERS  FOR  PEACE. 


RATIFICATION    OF    THE    PROVISIONAL  ARTICLES  BY    GREAT 
BRITAIN. 

George  R. 

George  the  Third,  by  the  Grace  of  God,  King  of  Great 
Britain,  France  and  Ireland,  Defender  of  the  Faith,  Duke 
of  Brunswick  and  Ltmenburg,  Arch  Treasurer,  and  Prince 
Elector  of  the  Holy  Roman  Empire,  &c. 

Whereas  Provisional  Articles  between  us  and  our  good 
friends,  the  United  States  of  America,  viz.  New  Hamp 
shire,  Massachusetts  Bay,  Rhode  Island  and  Providence 
Plantations,  Connecticut,  New  York,  New  Jersey,  Penn 
sylvania,  Delaware,  Maryland,  Virginia,  North  Carolina, 
South  Carolina,  and  Georgia^  were  concluded  and  signed 
at  Paris,  on  the  thirtieth  day  of  November,  one  thousand 
seven  hundred  and  eightytwo,  by  the  Commissioners  of  us 
and  our  said  good  friends,  duly  and  respectively  authorised 
for  that  purpose  ;  which  Provisional  Articles  are  in  the 
form  and  words  following  ;  [Here  follows  the  treaty.  See 
pages  J09  to  115.] 

We  having  seen  and  considered  the  Provisional  Articles 
aforesaid,  have  approved,  ratified,  accepted,  and  confirmed 
the  same  in  all  and  every  one  of  their  clauses,  and  provi 
sos,  as  we  do  by  these  presents,  approve,  ratify,  accept, 
and  confirm  them,  for  ourself,  our  heirs,  and  successors ; 
engaging  and  promising  upon  our  royal  word,  that  we  will 
sincerely  and  faithfully  perform  and  observe,  all  and  sin 
gular  the  things  which  are  contained  in  the  aforesaid  Pro 
visional  Articles,  and  that  we  will  never  suffer  them  to  be 
violated  by  any  one,  or  transgressed  in  any  manner,  as  far 
a§  it  lies  in  our  power.  For  die  greater  testimony  and 


DIPLOMATIC  CORRESPONDENCE.  207 

validity  of  all  which,  we  have  caused  our  great  seal  of 
Great  Britain  to  be  affixed  to  these  presents,  which  we 
have  signed  with  our  royal  hand. 

Given  at  our  Court  at  St  James,  the  sixth  day  of  Au 
gust,  one  thousand  seven  hundred  and  eightythree,  in  the 
twentythird  year  ot  our  reign. 

GEORGE  R. 


An    Act  of    the  British    Parliament,  repealing   certain 
Acts  prohibiting  Intercourse  with  the  United  States. 

An  Act  to  repeal  so  much  of  two  Acts,  made  in  the  six 
teenth  and  seventeenth  years  of  the  reign  of  his  present 
Majesty,  as  prohibits  trade  and  intercourse  with  the  United 
States  of  America. 

Whereas  it  is  highly  expedient,  that  the  intercourse 
between  Great  Britain  and  the  United  States  of  America 
should  be  immediately  opened ;  be  it  therefore  enacted 
and  declared  by  the  King's  Most  Excellent  Majesty,  by 
and  with  the  advice  and  consent  of  the  Lords  Spiritual  and 
Temporal  and  Commons,  in  the  present  Parliament  assem 
bled,  and  by  the  authority  of  the  same,  that  an  Act  passed 
in  the  sixteenth  year  of  his  Majesty's  reign,  entitled,  "An 
Act  to  prohibit  all  trade  and  intercourse  with  the  Colonies 
of  New  Hampshire,  Massachusetts  Bay,  Rhodfi  Island, 
Connecticut,  New  York,  New  Jersey,  Pennsylvania,  the 
three  lower  counties  on  Delaware,  Maryland,  Virginia, 
Norih  Carolina,  South  Carolina  and  Georgia,  during  the 
continuance  of  the  present  rebellion  within  the  said  Colo 
nies  respectively,  for  repealing  an  Act  made  in  the  four 
teenth  year  of  the  reign  of  his  present  Majesty,  to  discontinue 
the  lading  and  discharging,  lading  or  shipping;,  of  goods, 


208  COMMISSIONERS  FOR  PEACE, 

wares,  and  merchandise,  at  the  town  and  within  the  har 
bor  of  Boston  in  the  province  of  Massachusetts  Bay ;  and 
also  two  Acts,  made  in  the  Jast  session  of  Parliament,  for 
restraining  the  trade  and  commerce  of  the  Colonies  in  the 
said  Acts  respectively  mentioned  ;  and  to  enahle  any  per 
son  or  persons,  appointed  and  authorised  by  his  Majesty 
to  grant  pardons,  to  issue  proclamations,  in  the  cases  and 
for  the  purposes  therein  mentioned  ;"  and  also  an  Act, 
passed  in  the  seventeenth  year  of  his  Majesty's  reign, 
entitled,  "An  Act  for  enabling  the  Commissioners  for  exe 
cuting  the  office  of  Lord  High  Admiral  of  Great  Britain, 
to  grant  commissions  to  the  commanders  of  private  ships, 
and  vessels  employed  in  trade,  or  retained  in  his  Majesty's 
service,  to  take  and  make  prize  of  all  such  ships  and  ves 
sels,  and  their  cargoes,  as  are  therein  mentioned,  for  a 
limited  time ;"  so  far  as  the  said  Acts,  or  either  of  them, 
may  extend,  or  be  construed  to  extend,  to  prohibit  trade 
and  intercourse  with  the  territories  now  composing  the 
said  United  States  of  America,  or  lo  authorise  any  hostil 
ities  against  the  persons  or  properties  of  the  subjects  and 
citizens  of  the  said  United  States,  after  the  respective  peri 
ods  set  forth  in  his  Majesty's  proclamation  for  the  cessa 
tion  of  hostilities  between  Great  Britain  and  the  United 
States  of  America,  bearing  date  the  fourteenth  day  of  Feb 
ruary,  one  thousand  seven  hundred  and  eightythree,  shall 
be,  and  the  same  are  henceforth  repealed. 

Anno  vicesimo  tertio  Georgii  III,  Regis  ;  cap.  2(5. 


DIPLOMATIC  CORRESPONDENCE.  209 

DAVID    HARTLEY    TO    THE    COMMISSIONERS. 

Paris,  August  29th,  1783. 
Gentlemen, 

As  the  day  is  now  fixed  for  the  signatures  of  the  defin 
itive  treaties,  between  Great  Britain,  France,  and  Spain, 
I  beg  leave  to  inform  your  Excellencies,  that  I  am  ready 
to  sign  the  definitive  treaty,  between  Great  Britain  and 
the  United  States  of  America,  whenever  it  shall  be  con 
venient  to  you.  I  beg  the  favor,  therefore,  of  you  to  fix 
the  day.  My  instructions  confine  me  to  Paris,  as  the 
place  appointed  to  me  for  the  exercise  of  my  functions, 
and,  therefore,  whateror  day  you  may  fix  upon  for  the 
signature,  I  shall  hope  to  receive  the  honor  of  your  com 
pany  at  the  Hotel  de  York. 

I  am,  Gentlemen,  with  the  greatest  respect,  yours,  &c. 

DAVID  HARTLEY. 


TO    DAVID    HARTLEY. 

Passy,  August  30th,  1783. 

The  American  Ministers  Plenipotentiary  for  making 
peace  with  Great  Britain,  present  their  compliments  to 
Mr  Hartley.  They  regret  that  Mr  Hartley's  instructions 
will  not  permit  him  to  sign  the  definitive  treaty  of  peace 
with  America  at  the  place  appointed  for  the  signature  of 
the  others.  They  will,  nevertheless,  have  the  honor  of 
waiting  upon  Mr  Hartley  at  his  lodgings  at  Paris,  for  the 
purpose  of  signing  the  treaty  in  question,  on  Wednesday 
morning  at  eight  o'clock. 
VOL.  x.  27 


210  COMMISSIONERS  FOR  PEACE 

DAVID    HARTLEY    TO    THE    COMMISSIONERS. 

Paris,  September  4th,  1783. 

Gentlemen, 

It  is  with  the  sincerest  pleasure  that  I  congratulate 
you  on  the  happy  event  which  took  place  yesterday, 
viz. ;  the  signature  of  the  definitive  treaty  between  our 
two  countries.  I  considered  it  as  the  auspicious  pre 
sage  of  returning  confidence,  and  of  the  future  inter 
course  of  all  good  offices  between  us.  I  doubt  not 
that  our  two  countries  will  entertain  the  same  senti 
ments,  and  that  they  will  behold  with  satisfaction  the 
period  which  terminates  the  memory  of  their  late  un 
happy  dissensions,  and  which  leads  to  the  renewal  of 
all  the  ancient  ties  of  amity  and  peace.  I  can  assure 
you,  that  his  Britannic  Majesty  and  his  confidential 
servants  entertain  the  strongest  desire  of  a  cordial  good 
understanding  with  the  United  States  of  America. 
And  that  nothing  may  be  wanting  on  our  parts  to  per 
fect  the  great  work  of  pacification,  I  shall  propose  to 
you  in  a  very  short  time,  to  renew  the  discussion  of 
those  points  of  amity  and  intercourse  which  have  been 
lately  suspended,  to  make  way  for  the  signature  of  the 
treaties  between  all  the  late  belligerent  powers,  which 
took  place  yesterday. 

We  have  now  the  fairest  prospects  before  us,  and  an 
unembarrassed  field  for  the  exercise  of  every  benef 
icent  disposition,  and  for  the  accomplishment  of  every 
object  of  reciprocal  advantage  between  us.  Let  us, 
then,  join  our  hearts  and  hands  together  in  one  com- 


DIPLOMATIC  CORRESPONDENCE.  211 

mon  cause  for  the  reunion  of  all  our  ancient  affections 
and  common  interests.* 

I  am,  Gentlemen,  &c. 

DAVID  HARTLEY. 


B.    FRANKLIN    TO    CHARLES    FOX. 

Passy,  September  5th,  1783. 
Sir, 

I  received  in  its  time  the  letter  you  did  me  the 
honor  of  writing  to  me  by  Mr  Hartley  ;  and  I  cannot 
let  him  depart  without  expressing  my  satisfaction  in 
his  conduct  towards  us,  and  applauding  the  prudence 
of  that  choice,  which  sent  us  a  man  possessed  of  such 
a  spirit  of  conciliation,  and  of  all  that  frankness,  sin 
cerity,  and  candor,  which  naturally  produce  confi 
dence,  and  thereby  facilitate  the  most  difficult  nego 
tiations.  Our  countries  are  now  happily  at  peace,  on 
which  I  congratulate  you  most  cordially  ;  and  I  beg 
you  to  be  assured,  that  as  long  as  I  have  any  concern 
in  public  affairs,  I  shall  readily  and  heartily  concur 
with  you  in  promoting  every  measure  that  may  tend 
to  promote  the  common  felicity. 

With  great  and  sincere  esteem  and  respect,  I  have 
the  honor  to  be,  &c. 

B.  FRANKLIN. 

*  As  the  definitive  treaty  was  an  exact  copy  of  the  Provisional 
Articles  (see  above,  p.  109)  it  is  here  omitted. 


212  COMMISSIONERS  FOR  PEACE. 

TO    DAVID    HARTLEY. 
\ 
Passy,  September  5th,  1783 

Sir, 

We  have  received  the  letter  you  did  us  the  honor 
to  write  yesterday. 

Your  friendly  congratulations  on  the  signature  of 
the  definitive  treaty  meet  with  cordial  returns  on  our 
part ;  and  we  sincerely  rejoice  with  you  on  that  event, 
by  which  the  Ruler  of  nations  has  been  graciously 
pleased  to  give  peace  to  our  two  countries. 

We  are  no  less  ready  to  join  our  endeavors  than 
our  wishes  with  yours,  to  concert  such  measures  for 
regulating  the  future  intercourse  between  Great  Brit 
ain  and  the  United  States,  as,  by  being  consistent  with 
the  honor  and  interests  of  both,  may  tend  to  increase 
and  perpetuate  mutual  confidence  and  good  will. 

We  ought,  nevertheless,  to  apprize  you,  that  as  no 
construction  of  our  commission  could  at  any  period 
extend  it,  unless  by  implication,  to  several  of  the  pro 
posed  stipulations  ;  and  as  our  instructions  respecting 
commercial  provisions,  however  explicit,  suppose 
their  being  incorporated  in  the  definitive  treaty,  a  re 
currence  to  Congress  previous  to  the  signature  of  them 
will  be  necessary,  unless  obviated  by  the  despatches 
we  may  sooner  receive  from  them. 

We  shall  immediately  write  to  them  on  the  subject, 
and  we  are  persuaded  that  the  same  disposition  to  con 
fidence  and  friendship,  which  has  induced  them  al 
ready  to  give  unrestrained  course  to  British  commerce 
and  unconditionally  to  liberate  all  prisoners  at  a  time 
when  more  caution  would  not  have  appeared  singular, 
will  also  urge  their  attention  to  the  objects  in  question, 


DIPLOMATIC  CORRESPONDENCE.  213 

and  lead  them  to  every  proper  measure  for  promoting 
a  liberal  and  satisfactory  intercourse  between  the  two 
countries. 

We  have  communicated  to  Congress  the  repeated 
friendly  assurances  with  which  you  have  officially 
honored  us  on  these  subjects,  and  we  are  persuaded 
that  the  period  of  their  being  realized  will  have  an 
auspicious  and  conciliating  influence  on  all  the  parties 
in  the  late  unhappy  dissensions. 
We  have  the  honor  to  be,  &c. 

JOHN  ADAMS, 
B.  FRANKLIN, 
JOHN  JAY. 

TO    DAVID    HARTLEY. 

Passy,  September  7th,  1783. 
Sir, 

We  have  the  honor  of  transmitting,  herewith  en 
closed  an  extract  of  a  resolution  of  Congress  of  the  1st 
of  May  last,  which  we  have  just  received. 

You  will  perceive  from  it,  that  we  may  daily  expect 
a  commission  in  due  form,  for  the  purposes  mentioned 
in  it  ;  and  we  assure   you   of  our    readiness   to   enter 
upon  the  business  whenever  you  may  think  proper.* 
We  have  the  honor  to  be,  &c. 

JOHN  ADAMS, 
B.  FRANKLIN, 
JOHN  JAY. 

*In  Congress,  May  1st,  1783.  On  the  report  of  a  committee  to 
whom  was  referred  a  letter  of  February  5th,  from  the  honorable  John 
Adams, 

"Ordered.  That  a  commission  be  prepared  to  Messrs  John  Adams, 
Benjamin  Franklin  and  John  Jay,  authorising  them,  or  either  of 


214  COMMISSIONERS  FOR  PEACE. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Passy,  September  10th,  1783. 

Sir, 

On  the  3d  instant  definitive  treaties  of  peace  were  con 
cluded  between  all  the  late  belligerent  powers,  except  the 
Dutch,  who  the  day  before  settled  and  signed  preliminary 
articles  of  peace  with  Britain. 

We  most  sincerely  and  cordially  congratulate  Congress 
and  our  country  in  general  on  this  happy  event;  and  we 
hope,  that  the  same  kind  providence,  which  has  led  us 
through  a  rigorous  war  to  an  honorable  peace,  will  enable 
us  to  make  a  wise  and  moderate  use  of  that  inestimable 
blessing. 

We  vhave  communicated  a  duplicate  original  of  the 
treaty  to  the  care  of  Mr  Thaxter,  who  will  go  immediately 
to  L'Orient,  whence  he  will  sail  in  the  French  packet  to 
New  York.  That  gentleman  left  America  with  Mr  Adams 
as  his  private  Secretary,  and  his  conduct  having  been  per 
fectly  satisfactory  to  that  Minister,  we  join  in  recommend 
ing  him  to  the  attention  of  Congress.  We  have  ordered 
Mr  Grand  to  pay  him  one  hundred  and  thirty  louis  d'ors, 
on  account  of  the  reasonable  expenses  to  be  incurred  by 

them  in  the  absence  of  the  others,  to  enter  into  a  treaty  of  commerce 
between  the  United  States  of  America  and  Great  Britain,  subject  to 
the  revisal  of  the  contracting  parties,  previous  to  its  final  conclusion, 
and  in  the  meantime  to  enter  into  a  commercial  convention,  to  con 
tinue  in  force  one  year. 

"That  the  Secretary  of  Foreign  Affairs  lay  before  Congress,  with 
out  delay,  a  plan  of  a  treaty  of  commerce,  and  instructions  relative  to 
the  same,  to  be  transmitted  to  the  said  commissioners." 


DIPLOMATIC  CORRESPONDENCE.  215 

his  mission  to  Congress,  and  his  journey  from  thence  to  his 
family  at  Hingham,  in  the  Massachusetts  Bay.  For  the 
disposition  of  the  money  he  is  to  account.  The  defini 
tive  treaty  being  in  the  terms  of  the  Provisional  Articles, 
and  not  comprehending  any  of  the  objects  of  our  subse 
quent  negotiations,  it  is  proper  that  we  give  a  summary 
account  of  them. 

When  Mr  Hartley  arrived  here,  he  brought  with  him 
only  a  set  of  instructions,  signed  by  the  King.  We  ob 
jected  to  proceeding  with  him  until  he  should  have  a  com 
mission  in  form.  This  occasioned  some  delay.  A  proper 
commission  was,  however,  transmitted  to  him,  a  copy  of 
which  was  shortly  after  sent  to  Mr  Livingston. 

We  having  been  instructed  to  obtain,  if  possible,  an  Ar 
ticle  for  a  direct  trade  to  the  West  Indies,  made  to  Mi- 
Hartley  the  proposition  No.  1.* 

He  approved  of  it  greatly,  and  recommended  it  to  his 
Court,  but  they  declined  assenting  to  it. 

Mr  Hartley  then  made  us  the  proposition  No.  2  ;f  but 
being  asked,  whether  he  was  authorised  to  sign  it,  in  case 
we  agreed  to  it,  he  answered  in  the  negative.  We,  there 
fore,  thought  it  improper  to  proceed  to  the  consideration  of 
it,  until  after  ho  should  have  obtained  the  consent  of  his 
Court  to  it.  We  also  desired  to  be  informed,  whether  his 
Court  would,  or  would  not,  comprehend  Ireland  in  their 
stipulations  with  us. 

The  British  Cabinet  would  not  adopt  Mr  Hartley's 
propositions,  but  their  letters  to  him  were  calculated  to  in 
spire  us  with  expectations,  that  as  nothing  but  particular 

*  See  Mr  Adams's  proposed  agreement,  above,  p.  151, 
f  See  Mr  Hartley's  proposed  agreement,  p.  154. 


216  COMMISSIONERS  FOR  PEACE. 

local  circumstances,  which  would  probably  not  be  of  long 
duration,  restrained  them  from  preferring  the  most  liberal 
system  of  commerce  with  us,  the  Ministry  would  take  the 
earliest  opportunity  of  gratifying  their  own  wishes,  as  well 
as  ours,  on  that  subject. 

Mr  Hartley  then  made  us  the  propositions  No.  3.*  At 
tiiis  lime,  we  were  informed,  that  letters  for  us  had  arrived 
in  France  from  Philadelphia ;  we  expected,  to  receive 
instructions  in  them,  and  told  Mr  Hartley,  that  this  expec 
tation  induced  us  to  postpone  giving  him  an  answer  for  a 
few  days. 

The  vessel  by  which  we  expected  these  letters,  it  seems 
had  not  brought  any  for  us.  But  at  that  time  information 
arrived  from  America,  that  our  ports  were  all  opened  to 
British  vessels.  Mr  Hartley  thereupon  did  not  think  him 
self  at  liberty  to  proceed,  until  after  he  should  communi 
cate  that  intelligence  to  his  Court  and  receive  their  further 
instructions. 

Those  further  instructions  never  came  ;  and  thus  our 
endeavors  as  to  commercial  regulations  proved  fruitless. 
We  had  many  conferences,  and  received  long  Memorials 
from  Mr  Hartley  on  the  subject ;  but  his  zeal  for  systems 
friendly  to  us,  constantly  exceeded  his  authority  to  concert 
and  agree  to  them. 

During  the  long  interval  of  his  expecting  instructions, 
for  his  expectations  were  permitted  to  exist  almost  to  the 
last,  we  proceeded  to  make  and  receive  propositions  for 
perfecting  the  definitive  treaty.  Details  of  all  the  amend 
ments,  alterations,  objections,  expectations,  &ic.  which  oc 
curred  in  the  course  of  these  discussions,  would  be  volu 
minous.  We  finally  agreed  that  he  should  send  to  his 

*  Above,  p.  182. 


DIPLOMATIC  CORRESPONDENCE.  217 

Court  the  project  or  draft  of  a  treaty,  No.  4.*  He  did 
so,  but  after  much  time,  and  when  pressed  by  France, 
who  insisted  that  we  should  all  conclude  together,  he  was 
instructed  to  sign  a  definitive  treaty  in  the  terms  of  the 
Provisional  Articles. 

Whether  the  British  Court  meant  to  avoid  a  definitive 
treaty  with  us,  through  a  vain  hope,  from  the  exaggerated 
accounts  of  divisions  among  our  people,  and  want  of  au 
thority  in  Congress,  that  some  revolution  might  soon  hap 
pen  in  their  favor  ;  or  whether  their  dilatory  conduct  was 
caused  by  the  strife  of  the  two  opposite  and  nearly  equal 
parties  in  the  Cabinet,  is  hard  to  decide. 

Your  Excellency  will  observe,  that  the  treaty  was  signed 
at  Paris,  and  not  at  Versailles.  Mr  Hartley's  letter  of 
August  29th,  and  our  answer,  will  explain  this.  His  objec 
tions,  and  indeed  our  proceedings  in  general,  were  com 
municated  to  the  French  Minister,  who  was  content  that 
we  should  acquiesce,  but  desired  that  we  would  appoint 
the  signing  early  in  the  morning,  and  give  him  an  account 
of  it  at  Versailles  by  express,  for  that  he  would  not  pro 
ceed  to  sign  on  the  part  of  France^  till  he  was  sure  that 
our  business  was  done. 

The  day  after  the  signature  of  the  treaty,  Mr  Hartley 
wrote  us  s  congratulatory  letter,  to  which  we  replied. 

He  has  gone  to  England,  and  expects  soon  to  return, 
which  for  our  parts  we  think  uncertain.  We  have  taken 
care  to  speak  to  him  in  strong  terms,  on  the  subject  of 
the  evacuation  of  New  York,  and  the  other  important 
subjects  proper  to  be  mentioned  to  him.  We  think 
we  may  rely  on  his  doing  everything  in  his  power  to  influ 
ence  his  Court  to  do  what  they  ought  to  do ;  but  it  does 

*  See  above,  p.  195. 
VOL.   x.  28 


218  COMMISSIONERS  FOR  PEACE 

not  appear,  that  they  have  as  yet  formed  any  settled  sys 
tem  for  their  conduct  relative  to  the  United  States.  We 
cannot  but  think,  that  the  late  and  present  aspect  of  affairs 
in  America,  has  had  and  continues  to  have,  an  unfavorable 
influence,  not  only  in  Britain  but  throughout  Europe. 

In  whatever  light  the  Article  respecting  the  tories  may 
be  viewed  in  America,  it  is  considered  in  Europe  as  very 
humiliating  to  Britain,  and  therefore  as  being  one,  which 
we  ought  in  honor  to  perform  and  fulfil  with  the  most  scru 
pulous  regard  to  good  faith,  and  in  a  manner  least  offensive 
to  the  feelings  of  the  King  and  Court  of  Great  Britain, 
who  upon  that  point  are  extremely  tender. 

The  unseasonable  and  unnecessary  resolves  of  vari 
ous  towns  on  this  subject,  the  actual  expulsion  of  tories 
from  some  places,  and  the  avowed  implacability  of  almost 
all  who  have  published  their  sentiments  about  the  matter, 
are  circumstances,  which  are  construed,  not  only  to  the 
prejudice  of  our  national  magnanimity  and  good  faith,  but 
also  to  the  prejudice  of  our  governments. 

Popular  committees  are  considered  here,  as  with  us,  in 
the  light  of  substitutes  to  constitutional  government,  and  as 
being  only  necessary  in  the  interval  between  the  removal 
of  the  former  and  the  establishment  of  the  present. 

The  constitutions  of  the  different  States  have  been  trans 
lated  and  published,  and  pains  have  been  taken  to  lead 
Europe  to  believe,  that  the  American  States,  not  only 
made  their  own  laws,  but  obeyed  them.  But  the  contin 
uance  of  popular  assemblies,  convened  expressly  to  delib 
erate  on  matters  proper  only  for  the  cognizance  of  the  dif 
ferent  legislatures  and  officers  of  government,  and  their 
proceeding  not  only  to  ordain,  but  to  enforce  their  resolu 
tions,  has  exceedingly  lessened  the  dignity  of  the  States  in 
vhe  eyes  of  these  nations. 


DIPLOMATIC  CORRESPONDENCE.  219 

To  this  we  may  also  add,  that  the  situation  of  the  army, 
the  reluctance  of  the  people  to  pay  taxes,  and  the  circum 
stances  under  which  Congress  removed  from  Philadelphia, 
have  diminished  the  admiration,  in  which  the  people  of 
America  were  held  among  the  nations  of  Europe,  and 
somewhat  abated  their  ardor  for  forming  connexions  with 
us,  before  our  affairs  acquire  a  greater  degree  of  order 
and  consistence. 

Permit  us  to  observe,  that  in  our  opinion,  the  recom 
mendation  of  Congress,  promised  in  the  fifth  Article,  should 
immediately  he  made  in  the  terms  of  it,  and  published, 
and  that  the  States  should  be  requested  to  take  it  into  con 
sideration,  as  soon  as  the  evacuation  by  the  enemy  shall 
be  completed.  It  is  also  much  to  be  wished,  that  the 
legislatures  may  not  involve  all  the  tories  in  banishment 
and  ruin,  but  that  such  discrimination  may  be  made,  as  to 
entitle  the  decisions  to  the  approbation  of  disinterested  men 
and  dispassionate  posterity. 

On  the  7th  instant  we  received  your  Excellency's  letter 
of  the  1 6th  of  June  last,  covering  a  resolution  of  Congress 
of  the  1st  of  May,  directing  a  commission  to  us  for  making 
a  treaty  of  commerce,  &c.  with  Great  Britain.  This  in 
telligence  arrived  very  opportunely  to  prevent  the  anti- 
American  party  in  England  from  ascribing  any  delays,  on 
our  part,  to  motives  of  resentment  to  that  country.  Great 
Britain  will  send  a  Minister  to  Congress,  as  soon  as  Con 
gress  shall  send  a  Minister  to  Britain,  and  we  think  much 
good  might  result  from  that  measure. 

The  information  of  M.  Dumas,  that  we  encouraged  the 
idea  of  entering  into  engagements  with  the  Dutch,  to  de 
fend  the  freedom  of  trade,  was  not  well  founded.  Our 
sentiments  on  that  subject  exactly  correspond  with  those  of 


220  COMMISSIONERS  FOR  PEACE. 

Congress ;  nor  did  we  even  think  or  pretend,  that  we  had 
authority  to  adopt  any  such  measures. 

We  have  reason  to  think  that  the  Emperor,  and  Russia, 
and  other  commercial  nations,  are  ready  to  make  treaties  of 
commerce  with  the  United  States.  Perhaps  it  might  not 
he  improper  for  Congress  to  direct,  that  their  disposition 
on  the  subject  be  communicated  to  those  Courts,  and 
thereby  prepare  the  way  for  such  treaties. 

The  Emperor  of  Morocco  has  manifested  a  very  friendly 
disposition  towards  us.  He  expects,  and  is  ready  to  re 
ceive  a  Minister  from  us ;  arid  as  he  may  either  change 
his  mind,  or  may  be  succeeded  by  a  prince  differently  dis 
posed,  a  treaty  with  him  may  be  of  importance.  Our  trade 
to  the  Mediterranean  will  not  be  inconsiderable,  and  the 
friendship  of  Morocco,  Algiers,  Tunis,  and  Tripoli  may  be 
come  very  interesting,  in  case  the  Russians  should  succeed 
in  their  endeavors  to  navigate  freely  into  it  by  Constanti 
nople. 

Much,  we  think,  will  depend  on  the  success  of  our  ne 
gotiations  with  England.  If  she  should  be  prevailed  upon 
to  agree  to  a  liberal  system  of  commerce,  France,  and 
perhaps  some  other  nations,  will  follow  her  example ;  but 
if  she  should  prefer  an  exclusive,  monopolizing  plan,  it  is 
probable  that  her  neighbors  will  continue  to  adhere  to  their 
favorite  restrictions. 

Were  it  certain  that  the  United  States  could  be  brought 
to  act  as  a  nation,  and  would  jointly  and  fairly  conduct 
their  commerce  on  principles  of  exact  reciprocity  with  all 
nations,  we  think  it  probable  that  Britain  would  make  ex 
tensive  concessions.  But,  on  the  contrary,  while  the  pros 
pect  of  disunion  in  our  councils,  or  want  of  power  and  en 
ergy  in  our  executive  departments  exist,  they  will  not  be 


DIPLOMATIC  CORRESPONDENCE.  ^1 

apprehensive  of  retaliation,  and  consequently  lose  their 
principal  motive  to  liberty.  Unless,  with  respect  to  all 
foreign  nations  and  transactions,  we  uniformly  act  as  an 
entire  united  nation,  faithfully  executing  and  obeying  the 
constitutional  acts  of  Congress  on  those  subjects,  we  shall 
soon  find  ourselves  in  the  situation  in  which  all  Eu 
rope  wishes  to  see  us,  viz.  as  unimportant  consumers  of 
her  manufactures  and  productions,  and  as  useful  laborers 
to  furnish  her  with  raw  materials. 

We  beg  leave  to  assure  Congress  that  we  shall  apply 
our  best  endeavors  to  execute  this  new  commission  to  their 
satisfaction,  and  shall  punctually  obey  such  instructions  as 
they  may  be  pleased  to  give  us  relative  to  it.  Unless  Con 
gress  have  nominated  a  Secretary  to  that  commission,  we 
shall  consider  ourselves  at  liberty  to  appoint  one  ;  and  as 
we  are  satisfied  with  the  conduct  of  Mr  Franklin,  the  Sec 
retary  to  our  late  commission,  we  propose  to  appoint  him, 
leaving  it  to  Congress  to  make  such  compensation  for  his 
services  as  they  may  judge  proper. 

Count  de  Vergennes  communicated  to  us  a  proposition, 
viz.  herewith  enclosed,*  for  explaining  the  2d  and  3d  Ar 
ticles  of  our  treaty  with  France  in  a  manner  different  from 
the  sense  in  which  we  understand  them.  This  being  a 
matter  in  which  we  have  no  right  to  interfere,  we  have  not 
expressed  any  opinion  about  it  to  the  Court. 

With  great  respect,  we  have  the  honor  to  be,  Sir,  your 
Excellency's  most  obedient  and  most  humble  servants, 

JOHN  ADAMS, 
B.  FRANKLIN, 
JOHN  JAY. 

*  See  above,  p.  146. 


COMMISSIONERS  FOR  PEACE. 

FROM    CONGRESS    TO    THE    COMMISSIONERS. 

October  29th.  1783 

By  the  United  States  in  Congress  assembled. 
To   the  Commissioners  of  the  United  States  of  America 

at  the   Court   of  Versailles,   empowered    to   negotiate 

a  peace,  or  to  any  one  or  more  of  them  ; 

1st.  You  are  instructed  and  authorised  to  announce  to 
his  Imperial  Majesty  the  Emperor  of  Germany,  or  to  his 
Ministers,  the  high  sense  which  the  United  States  in  Con 
gress  assembled  entertain  of  his  exalted  character  and  em 
inent  virtues,  and  their  earnest  desire  to  cultivate  his  friend 
ship,  and  to  enter  into  a  treaty  of  amity  and  commerce  for 
the  mutual  advantage  of  the  subjects  of  his  Imperial  Ma 
jesty,  and  the  citizens  of  these  United  States. 

2dly.  You  are  instructed  to  meet  the  advances  and 
encourage  the  disposition  of  the  other  commercial  powers 
in  Europe  for  entering  into  treaties  of  amity  and  commerce 
with  these  United  Slates.  In  negotiations  on  this  subject, 
you  will  lay  it  down  as  a  principle  in  no  case  to  be  de 
viated  from,  that  they  shall  respectively  have  for  their  basis 
the  mutual  advantage  of  the  contracting  parties  on  terms  of 
the  most  perfect  equality  and  reciprocity,  and  not  to  be 
repugnant  to  any  of  the  treaties  already  entered  into  by  the 
United  States  with  France  and  other  foreign  powers. 
That  such  treaties  shall,  in  the  first  instance,  be  proposed 
for  a  term  not  exceeding  fifteen  years,  and  shall  not  be 
finally  conclusive  until  they  shall  respectively  have  been 
transmitted  to  the  United  States  in  Congress  assembled, 
for  their  examination  and  final  direction  ;  and  that,  with  the 
drafts  or  propositions  for  such  treaties,  shall  be  transmitted 


DIPLOMATIC  CORRESPONDENCE.  223 

all  the  information  which  shall  come  within  the  knowledge 
of  the  said  Ministers  respecting  the  same;  and  their  obser 
vations  after  the  most  mature  inquiry  on  the  probable  ad 
vantages  or  disadvantages  and  effects  of  such  treaties 
respectively. 

3dly.  You  are  instructed  to  continue  to  press  upon  the 
Ministers  of  his  Danish  Majesty  the  justice  of  causing  sat 
isfaction  to  be  made  for  the  value  of  the  ships  and  goods 
captured. by  the  Alliance  frigate  and  sent  into  Bergen,  and 
how  essentially  it  concerns  the  honor  of  the  United  States 
that  their  gallant  citizens  should  not  be  deprived  of  any 
part  of  those  prizes,  which  they  had  so  justly  acquired  by 
their  valor.  That  as  far  as  Congress  have  been  informed, 
the  estimate  of  those  prizes  at  fifty  thousand  pounds 
sterling  is  not  immoderate ;  that  no  more  however  is  de 
sired  than  their  true  value,  after  every  deduction  which 
shall  be  thought  equitable.  That  Congress  have  a  sincere 
disposition  to  cultivate  the  friendship  of  his  Danish  Majesty, 
and  to  promote  a  commercial  intercourse  between  his  sub 
jects  and  the  citizens  of  the  United  States,  on  terms  which 
shall  promise  mutual  advantage  to  both  nations.  That  it 
is  therefore  the  wish  of  Congress,  that  this  claim  should 
still  be  referred  to  the  equitable  disposition  of  his  Danish 
Majesty,  in  full  confidence  that  the  reasonable  expecta 
tions  of  the  parties  interested  will  be  fully  answered  ;  ac 
cordingly  you  are  fully  authorised  and  directed,  after 
exerting  your  best  endeavors  to  enforce  the  said  claim  to 
the  extent  it  shall  appear  to  you  to  be  well  founded,  to 
make  abatements  if  necessary,  and  ultimately  to  accept 
such  compensation  as  his  Danish  Majesty  can  he  prevailed 
upon  to  grant. 

4thly.     You  are  further  instructed,  to   inquire   and   re- 


224  COMMISSIONERS  FOR  PEACE 

port  to  Congress  the  reasons  why  the  expedition  of  the 
Alliance  and  Bon  Homnie  Richard,  and  the  squadron 
which  accompanied  them,  was  carried  on  at  the  expense 
and  on  account  of  the  Court  of  France  ;  whether  any  part 
of  the  profit  arising  therefrom  accrued  to  the  United 
States  ;  or  any  of  the  expense  thereof  has  been  placed 
to  their  account ;  whether  the  proceeds  of  any  of  the 
prizes  taken  in  that  expedition,  and  which  is  due  to  the 
American  officers  and  seamen  employed  therein,  is  depos 
ited  in  Europe  ;  and  what  amount,  where,  and  in  whose 
hands. 

5thly.  The  acquisition  of  support  to  the  independence 
of  the  United  States  having  been  the  primary  object  of  the 
instructions  to  our  Ministers  respecting  the  convention  of 
the  neutral  maritime  powers  for  maintaining  the  freedom  of 
commerce,  you  will  observe,  that  the  necessity  of  such 
support  is  superseded  by  the  treaties  lately  entered  into  for 
restoring  peace.  And  although  Congress  approve  of  the 
principles  of  that  convention,  as  it  was  founded  on  the 
liberal  basis  of  the  maintenance  of  the  rights  of  neutral 
nations,  and  of  the  privileges  of  commerce,  yet  they  are 
unwilling  at  this  juncture,  to  become  a  party  to  a  confed 
eracy  which  may  hereafter  too  far  complicate  the  interests 
of  the  United  States  with  the  politics  of  Europe ;  and, 
therefore,  if  such  a  progress  is  not  already  made  in  this 
business  as  may  render  it  dishonorable  to  recede,  it  is  the 
desire  of  Congress  and  their  instruction  to  each  of  the 
Ministers  of  the  United  States  at  the  respective  Courts  in 
Europe,  that  no  further  measures  be  taken  at  present 
towards  the  admission  of  the  United  States  into  that  con 
federacy. 

6thly.     The  Ministers  of  these  States  for  negotiating  a 


DIPLOMATIC  CORRESPONDENCE.  225 

peace  with  Great  Britain  are  hereby  instructed,  authorised 
and  directed,  to  urge  forward  the  definitive  treaty  to  a 
speedy  conclusion  ;  and  unless  there  shall  be  an  immediate 
prospect  of  obtaining  articles  or  explanations  beneficial  to 
the  United  States,  in  addition  to  the  Provisional  Articles, 
that  they  shall  agree  to  adopt  the  Provisional  Articles  as 
the  substance  of  a  definitive  treaty  of  peace. 

Tthly.  The  Minister  or  Ministers  of  these  United 
States  for  negotiating  a  peace  are  hereby  instructed  to  ne 
gotiate  an  explanation  of  the  following  paragraph  of  the 
declaration  acceded  to  by  them  on  the  20th  of  January, 
1783,  relative  to  captures,  viz.  "that  the  term  should  be 
one  month  from  the  Channel  and  North  Sea  as  far  as  the 
Canary  Islands,  inclusively,  whether  in  the  ocean  or  the 
Mediterranean." 

Sthly.  Mr  Jay  is  hereby  authorised  to  direct  Mr  Car- 
micbael  to  repair  to  Paris,  should  Mr  Jay  be  of  opinion 
that  the  interest  of  the  United  States  at  the  Court  of 
Madrid  may  not  be  injured  by  Mr  Carmichael's  absence  ; 
and  that  Mr  Carmichael  carry  with  him  the  books  and 
vouchers  necessary  to  make  a  final  and  complete  settle 
ment  of  the  accounts  of  public  moneys  which  have  passed 
through  the  hands  of  Mr  Jay  and  himself;  and  that  Mr 
Barclay  attend  Mr  Jay  and  Mr  Carmichael  to  adjust  those 
accounts. 

Othly.  Mr  Jay  has  leave  to  go  to  Bath,  should  he  find 
it  necessary  for  the  benefit  of  his  health. 

VOL.  x.  29 


226  COMMISSIONERS  FOR  PEACE, 


RATIFICATION    OF  THE  DEFINITIVE  TREATY  BY  CONGRESS, 

Know  ye,  that  we,  the  United  States  in  Congress  as 
sembled,  having  seen  and  considered  the  Definitive  Articles 
aforesaid,  (meaning  the  treaty  signed  by  the  Commission 
ers  in  Paris,  on  the  30th  of  November,  1782,)  have  ap 
proved,  ratified,  and  confirmed,  and  by  these  presents  do 
approve,  ratify,  and  confirm  the  said  Articles,  and  every 
part  and  clause  thereof,  engaging  and  promising,  that  we 
will  sincerely  and  faithfully  perform  and  observe  the  same, 
and  never  suffer  them  to  be  violated  by  any  one,  or  trans 
gressed  in  any  manner,  as  far  as  lies  in  our  power. 

In  testimony  whereof,  we  have  caused  the  seal  of  the 
United  States  to  be  hereunto  affixed.  Witness,  his  Excel 
lency  THOMAS  MIFFLIN,  President,  this  fourteenth  day  of 
January,  in  the  year  of  our  Lord,  one  thousand  seven 
hundred  and  eightyfour,  and  in  the  eighth  year  of  the 
sovereignty  and  independence  of  the  United  States  of 
America. 


PROCLAMATION     OF    CONGRESS    RESPECTING    THE     DEFINI 
TIVE    TREATY. 

By  the  United  States  in  Congress  assembled, 

A    PROCLAMATION. 

Whereas  Definitive  Articles  of  peace  and  friendship  be 
tween  the  United  States  of  America  and  his  Britannic 
Majesty,  were  concluded  and  signed  at  Paris,  on  the  third 
day  of  September,  one  thousand  seven  hundred  and  eighty- 
three,  by  the  Plenipotentiaries  of  the  said  United  States 


DIPLOMATIC  CORRESPONDENCE.  227 

and  of  his  said  Britannic  Majesty,  duly  and  respectively 
authorised  for  that  purpose  ;  which  Definitive  Articles  are 
in  the  words  following  ;  [Here  follows  the  treaty.] 

And  we,  the  United  States  in  Congress  assembled,  hav 
ing  seen  and  duly  considered  the  Definitive  Articles  afore 
said,  did,  by  a  certain  act  under  the  seal  of  the  United 
States,  bearing  date  this  14th  day  of  January,  1784,  ap 
prove,  ratify,  and  confirm  the  same,  and  every  part  and 
clause  thereof,  engaging  and  promising,  that  we  would 
sincerely  and  faithfully  perform  and  observe  the  same,  and 
never  suffer  them  to  be  violated  by  any  one,  or  transgressed 
in  any  manner,  as  far  as  should  be  in  our  power ;  and 
being  sincerely  disposed  to  carry  the  said  Articles  into  ex 
ecution,  truly,  honestly,  and  with  good  faith,  according  to 
the  intent  and  meaning  thereof,  we  have  thought  proper 
by  these  presents,  to  notify  the  premises  to  all  the  good 
citizens  of  the  United  States,  hereby  requiring  and  enjoin 
ing  all  bodies  of  magistracy,  legislative,  executive,  and  ju 
diciary,  all  persons  bearing  office,  civil  or  military,  of 
whatever  rank,  degree,  and  powers,  and  all  others  the 
good  citizens  of  these  States,  of  every  vocation  and  con 
dition,  that  reverencing  those  stipulations  entered  into  on 
their  behalf,  under  the  authority  of  that  federal  bond,  by 
which  their  existence  as  an  independent  people  is  bound 
up  together,  and  is  known  and  acknowledged  by  the  nations 
of  the  world,  and  with  that  good  faith,  which  is  every 
man's  surest  guide,  within  their  several  offices,  jurisdic 
tions,  and  vocations,  they  carry  into  effect  the  said  Defini 
tive  Articles,  and  every  clause  and  sentence  thereof,  sin 
cerely,  strictly,  and  completely. 

Given  under  the  seal  of  the  United  States.  Witness,  his 
Excellency  Thomas  Mifflin,  our  President,  at  Annapolis, 


228  COMMISSIONERS  FOR  PEACE. 

this  fourteenth  day  of  January,  in  the  year  of  our  Lord, 
one  thousand  seven  hundred  and  eightyfour,  and  of  the 
sovereignty  and  independence  of  the  United  States  of 
America,  the  eighth. 

Resolved,  unanimously,  nine  States  being  present,  that 
it  be,  and  it  is  hereby  earnestly  recommended  to  the  legis 
latures  of  the  respective  States,  to  provide  for  the  restitu 
tion  of  all  estates,  rights,  and  properties,  which  have  been 
confiscated,  belonging  to  real  British  subjects ;  and  also  of 
the  estates,  rights,  and  properties  of  persons  resident  in 
districts,  which  were  in  the  possession  of  his  Britannic 
Majesty's  arms,  at  any  time  between  the  thirtieth  day  of 
November,  1782,  and  the  14th  day  of  January,  1784,  and 
who  have  not  borne  arms  against  the  said  United  States ; 
and  that  persons  of  any  other  description  shall  have  free 
liberty  to  go  to  any  part  or  parts  of  any  of  the  Thirteen 
United  States,  and  therein  to  remain  twelve  months  unmo 
lested  in  their  endeavors  to  obtain  the  restitution  of  such  of 
their  estates,  rights,  and  properties,  as  may  have  been  con 
fiscated  ;  and  it  is  also  hereby  earnestly  recommended  to 
the  several  States,  to  reconsider  and  revise  all  their  acts  or 
laws  regarding  the  premises,  so  as  to  render  the  said  laws 
or  acts  perfectly  consistent,  not  only  with  justice  and 
equity,  but  with  that  spirit  of  conciliation,  which,  on  the 
return  of  the  blessings  of  peace,  should  universally  prevail ; 
and  it  is  hereby  also  earnestly  recommended  to  the  several 
States,  that  the  estates,  rights,  and  properties  of  such  last 
mentioned  persons  should  be  restored  to  them,  they  refund 
ing  to  any  persons  who  may  be  now  in  possession,  the  bona 
fide  price,  (where  any  has  been  given)  which  such  persons 
may  have  paid  on  purchasing  any  of  the  said  lands,  rights, 
or  properties  since  the  confiscation. 


DIPLOMATIC  CORRESPONDENCE  229 

Ordered,  That  a  copy  of  the  Proclamation  of  this  date, 
together  with  the  recommendation,  be  transmitted  to  the 
several  States  by  the  Secretary. 


RATIFICATION      OF     THE      DEFINITIVE    TREATY     BY    GREAT 
BRITAIN. 

George  the  Third,  by  the  Grace  of  God,  King  of  Great 
Britain,  France,  and  Ireland,  Defender  of  the  Faith, 
Duke  of  Brunswick  and  Lunenburg,  Arch  Treasurer,  and 
Prince  Elector  of  the  Holy  Roman  Empire,  &c.  To  all 
to  whom  these  presents  shall  come,  Greeting. 

Whereas  a  definitive  treaty  of  peace  and  friendship,  be 
tween  us  and  our  good  friends,  the  United  States  of  Amer 
ica,  viz.  New  Hampshire,  Massachusetts  Bay,  Rhode  Island 
and  Providence  Plantations,  Connecticut,  New  York,  New 
Jersey,  Pennsylvania,  Delaware,  Maryland,  Virginia, 
North  Carolina,  South  Carolina,  and  Georgia,  was  con 
cluded  and  signed  at  Paris,  the  3d  day  of  September  last, 
by  the  Plenipotentiaries  of  us,  and  our  said  good  friends, 
duly  and  respectively  authorised  for  that  purpose,  which 
definitive  treaty  is  in  the  form  and  words  following  ;  [Here 
follows  the  treaty.] 

We,  having  seen  and  considered  the  definitive  treaty 
aforesaid,  have  approved,  ratified,  accepted,  and  confirmed 
it,  in  all  and  every  one  of  its  Articles  and  clauses,  as  we 
do  by  these  presents,  for  ourself,  our  heirs  and  successors, 
approve,  ratify,  accept,  and  confirm  the  same,  engaging 
and  promising,  upon  our  royal  word,  that  we  will  sincerely 
and  faithfully  perform  aftd  observe  all  and  singular  the 
things  which  are  contained  in  ihe  aforesaid  treaty,  and  that 


230  COMMISSIONERS  FOR   PEACE. 

we  will  never  suffer  it  to  be  violated  by  any  one,  or  trans 
gressed  in  any  manner,  as  far  as  it  lies  in  our  power.  For 
the  greater  testimony  and  validity  of  all  which,  we  have 
caused  our  great  seal  of  Great  Britain  to  be  affixed  to 
these  presents,  which  we  have  signed  with  our  royal  hand. 
Given  at  the  Court  of  St  James,  the  ninth  day  of  April, 
one  thousand  seven  hundred  and  eightyfour,  in  the  twenty- 
fourth  year  of  our  reign. 

GEORGE  R, 


THK 


CORRESPONDENCE 


CONRAD  ALEXANDER  GERARD ; 

MINISTER  PLENIPOTENTIARY    FROM    THE   COURT   OF 
FRANCE  TO  THE  UNITED  STATES 


CONRAD  ALEXANDER  GERARD  was  the  first  Minis 
ter  from  any  foreign  Court  to  the  United  States. 
When  the  American  Commissioners  went  to  Paris,  in 
the  year  1776,  he  was  principal  Secretary  to  the 
Council  of  State,  and  on  terms  of  the  strictest  intimacy 
and  confidence  with  Count  de  Vergennes,  the  Minister 
of  Foreign  Affairs.  Under  the  auspices  of  that  Min 
ister,  and  in  concert  with  him,  M.  Gerard  early  took 
a  strong  interest  in  the  concerns  of  the  United  States, 
and  abetted  the  cause  of  their  independence.  He  ne 
gotiated,  on  the  part  of  the  French  government,  the 
first  treaties  of  alliance  and  commerce  with  the  United 
States,  signed  on  the  6th  of  February,  177S,  by  him 
for  one  of  the  contracting  parties,  and  by  Franklin, 
Deane,  and  Lee  for  the  other. 

His  knowledge  of  American  affairs,  and  his  general 
ability,  pointed  him  out  as  the  most  suitable  person  to 
represent  the  French  Court  as  Minister  to  Congress. 
He  came  over  to  this  country  in  the  fleet  with  Count 
d'Estaing,  and  arrived  in  Philadelphia  about  the  mid 
dle  of  July,  1778.  After  discharging  the  duties  of  a 
Minister  Plenipotentiary  for  more  than  a  year,  in  a 
manner  highly  acceptable  to  Congress  and  the  whole 
country,  as  well  as  to  his  own  government,  he  asked 
his  recall,  and  took  his  final  leave  of  Congress  on  the 
17th  of  September,  1779.  He  returned  to  Europe  in 
the  same  vessel,  which  took  out  Mr  Jay  as  Minister 
Plenipotentiary  to  the  Court  of  Spain. 
VOL.  x.  30 


CORRESPONDENCE 


CONRAD  ALEXANDER  GERARD; 


MINISTER  FROM  FRANCE. 


LETTER    FROM    THE    KING    OP    FRANCE    TO    CONGRESS. 

Very  dear  and  great  Friends  and  Allies, 
The  treaties  which  we  have  signed  with  you  in 
consequence  of  the  propositions  made  to  us  on  your 
part,  by  your  deputies,  are  a  certain  guarantee  to  you 
of  our  affection  for  the  United  States  in  general,  and 
for  each  one  of  them  individually,  as  well  as  of  the 
interest  which  we  take,  and  shall  always  continue  to 
take,  in  their  happiness  and  prosperity.  In  order  to 
convince  you  of  this  in  a  more  particular  manner,  we 
have  appointed  M.  Gerard,  Secretary  of  our  Council 
of  State,  to  reside  near  you  in  quality  of  our  Minister 
Plenipotentiary.  He  is  the  better  acquainted  with  the 
sentiments  which  we  entertain  towards  you,  and  is  the 
more  able  to  answer  for  them  to  you,  as  he  has  been 
intrusted  on  our  part  with  negotiating  with  your 
deputies,  and  as  he  has  signed  with  them  the  treaties 
which  cement  our  union,  we  request  you  to  give  full 
credit  to  all  that  he  shall  say  to  you  on  our  part,  par- 


236  GERARD. 

ticularly  when  he  shall  assure  you  of  our  affection  and 
of  our  constant  friendship  for  you.  Moreover,  we 
pray  God,  that  he  will  have  you,  very  dear  and  great 
Friends  and  Allies,  under  his  holy  and  worthy  pro 
tection. 

Written  at  Versailles,  the  28th  of  March,  177S. 
Your  good  Friend  and  Ally, 

LOUIS. 


APPOINTMENT     OF      CONSUL-GENERAL     OF      FRANCE      IK 
THE    UNITED    STATES. 

Louis,  by  the  Grace  of  God,  King  of  France  and 
Navarre,  to  all  those  to  whom  these  presents  shall 
come,  Greeting. 

Thinking  it  necessary  to  create  the  office  of  our 
Consul-General  at  Boston,  and  other  ports  belonging 
to  the  United  States  of  North  America,  and  being  de 
sirous  to  confer  a  favor  on  M.  Gerard,  we  have 
thought  that  we  could  not  make  choice  of  a  better  per 
son  than  he,  to  fulfil  the  duties  of  this  office,  by  our 
knowledge  of  his  zeal  and  affection  for  our  service  and 
for  the  interests  of  our  subjects,  and  of  his  judgment 
and  ability  in  naval  affairs  ;  for  these  reasons,  and 
others  moving  us  thereto,  we  have  nominated  and  ap 
pointed  the  said  M.  Gerard,  and  by  these  presents 
signed  with  our  hand,  do  nominate  and  appoint  him 
our  Consul-General  at  Boston,  and  other  ports  belong 
ing  to  .the  United  States  of  North  America,  with 
power  to  appoint  consuls  and  vice-consuls  in  the 
places  where  he  shall  judge  them  necessary  ;  to  have 
and  to  hold  the  said  office,  to  exercise,  enjoy,  and  use 


DIPLOMATIC   CORRESPONDENCE.  237 

it,  so  long  as  it  shall  please  us,  with  the  honors,  authori 
ties,  advantages,  prerogatives,  privileges,  exemptions, 
rights,  benefits,  profits,  revenues,  and  emoluments 
which  belong  to  it,  such,  and  the  same  as  those  which 
our  other  Consuls-General  enjoy.  We  prohibit  all 
French  merchants,  and  all  persons  sailing  under  the 
French  flag,  from  disturbing  him  in  the  possession, 
duties  and  exercise  of  this  consulate.  We  enjoin  on  all 
captains,  masters  and  commanders  of  ships,  barks  and 
other  vessels,  armed  and  sailing  under  the  said  flag,  as 
well  as  on  all  our  other  subjects,  to  acknowledge  the 
said  M.  Gerard,  and  to  obey  him  in  this  capacity. 
We  pray  and  request  our  very  dear  and  great  Friends 
and  Allies,  the  Congress  of  the  United  States  of  North 
America,  their  governors  and  other  officers  whom  it 
shall  concern,  to  allow  the  said  M.  Gerard,  and  the 
consuls  and  vice-consuls  whom  he  shall  appoint  to  the 
said  office,  to  possess  it  fully  and  peaceably,  without 
causing,  or  allowing  to  be  caused  to  them,  any  dis 
turbance  or  hinderance ;  but  on  the  contrary  to  give 
them  all  favor  and  assistance ;  offering  to  do  the  same 
for  all  those  who  shall  be  thus  recommended  to  us  on 
their  part.  In  witness  whereof  we  have  caused  our 
privy  seal  to  be  affixed  to  these  presents. 

Given  at  Versailles,  the  twentyeighth  day  of  March, 
in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  seventyeight,  and  of  our  reign  the  fifth. 

LOUIS. 


238  GERARD. 


THE  KING  OF  FRANCE  TO  CONGRESS. 

Very  dear  and  great  Friends  and  Allies, 

You  will  learn,  undoubtedly,  with  gratitude,  the  meas 
ure,  which  the  conduct  of  the  King  of  Great  Britain 
has  induced  us  to  take,  of  sending  a  fleet  to  endeavor  to 
destroy  the  English  forces  upon  the  shores  of  North 
America.  This  expedition  will  convince  you  of  the  eager 
ness  and  the  vigor,  which  we  are  resolved  to  bring  to  the 
execution  of  the  engagements,  which  we  have  contracted 
with  you.  We  are  firmly  persuaded,  that  your  fidelity  to 
the  obligations,  which  your  Plenipotentiaries  have  contrac 
ted  in  your  name,  will  animate  more  and  more  the  efforts, 
which  you  are  making  with  so  much  courage  and  perse 
verance. 

The  Count  d'Estaing,  Vice-Admiral  of  France,  is 
charged  to  concert  with  you  the  operations,  the  conduct  of 
which  we  have  intrusted  to  him,  in  order  that  the  combi 
nation  of  measures  on  each  side  may  render  them  as  ad 
vantageous  to  the  common  cause  as  circumstances  will 
permit.  We  entreat  you  to  give  full  credit  to  everything, 
which  he  shall  communicate  to  you  on  our  part,  and  to 
place  confidence  in  his  zeal  and  in  his  talents. 

Moreover,  we  pray  God,  that  he  will  have  you,  very 
dear  and  great  Friends  and  Allies,  under  his  holy  protec 
tion. 

Written  at  Versailles,  the  twentyeighth  day  of  March,  in 
the  year  of  our  Lord,  one  thousand  seven  hundred  and 
seventyeight. 

LOUIS. 


DIPLOMATIC  CORRESPONDENCE.  239 


At  Sea.  July  8th,  1778. 

Sir, 

I  have  the  honor  of  informing  your  Excellency,  and  by 
you  of  giving  notice  to  Congress,  of  the  arrival  of  the 
squadron  of  (he  King  upon  the  shores  of  the  United  States 
of  America. 

Honored  with  full  powers  from  the  King  to  treat  with 
Congress,  I  have  the  honor,  Sir,  of  sending  to  your  Ex 
cellency  the  copy  of  my  credentials  relating  to  this  sub 
ject,  the  honor  of  presenting  them  myself;  my  desire  to 
wait  upon  the  respectable  representatives  of  a  free  nation, 
my  eagerness  to  reverence  in  them  the  noble  qualities  of 
wisdom  and  firmness,  which  distinguish  them,  virtues 
which  all  Europe  admires  and  which  France  loves,  are  a 
happiness,  which  can  be  delayed  only  by  my  desire  to 
render  myself  worthy  ol  the  favors  of  the  United  States, 
while  I  begin  by  performing  the  duties,  which  circum 
stances  nnd  my  military  (unctions  impose  upon  me  ;  T  hope 
that  they  will  serve  as  my  excuse,  arid  that  your  Excel 
lency  will  have  the  kindness  to  offer  them  as  such  to  Con 
gress. 

(  have  the  honor  ol  writing  to  his  Excellency,  General 
Washington,  and  shall  have  that  ot  sending  to  his  head 
quarters  two  officers  in  succession,  in  order  to  offer  to  him 
to  combine  my  movements  with  his  own.  The  merited 
reputation,  which  so  gre;it  a  soldier  lias  so  justly  acquired, 
does  not  allow  me  to  doubt  that  be  is  convinced  better 
than  any  one  else  of  tho  value  of  the  tirst  movements.  I 
hope  that  the  authority  vested  in  him  by  Congress,  has  al 
lowed  him  the  liberty  of  taking  advantage  of  them,  and 


240  GERARD. 

that  we  shall  be  able  immediately,  and  without  any  delay, 
to  act  in  concert  for  the  benefit  of  the  common  cause  ; 
which  seemed  to  me  to  require,  that  the  orders  of  Con 
gress  should  remove  as  speedily  as  possible,  the  legal  diffi 
culties,  of  which,  perhaps,  there  are  none. 

Monsieur  de  Chouin,  Major  of  infantry,  and  relation  of 
M.  de  Sartine,  is  charged  with  delivering  this  letter  to  your 
Excellency ;  he  is  one  of  the  officers  whom  I  send  to 
General  Washington. 

The  readiness  with  which  his  Excellency,  M.  Gerard, 
Minister  Plenipotentiary  of  the  King,  is  hastening  to 
take  up  his  residence  near  Congress,  and  there  to  dis 
play  the  character  with  which  his  Majesty  has  invested 
him.  will  prevent  all  the  delays,  which  my  distance  might 
occasion  with  regard  to  the  military  agreements.  I  have 
the  honor  of  assuring  your  Excellency,  that  I  shall  make  it 
my  duty  and  pleasure  to  execute  everything  that  M. 
Gerard  shall  promise.  The  promises,  which  he  will  make 
to  you.  will  need  no  other  ratifications  on  my  part  than 
those,  which  my  physical  force  demands,  and  which  the 
nature  of  the  profession  makes  necessarily  to  depend  upon 
the  military  or  naval  force,  which  is  in  operation. 

A  Minister  so  happy  as  to  have  had  the  glory  of  signing 
the  treaty,  which  unites  two  powers  whose  interests  are  so 
intimately  connected,  will  preserve  the  most  important  in 
fluence  upon  my  further  designs.  The  escort,  which 
conducts  him,  that  by  which  the  King  sends  back  to  the 
United  States  his  Excellency,  Silas  Deane,  is,  undoubt 
edly,  the  most  brilliant  which  has  ever  accompanied  Am 
bassadors.  I  dare  hope  that  it  will  prove  useful  to  the 
mutual  interest  of  the  two  nations. 

That  will  he  the  happiest  moment  of  my  life,  in  which  I 


DIPLOMATIC  CORRESPONDENCE.  241 

shall  be  able  to  contribute  to  it  in  anything.     I  shall,  at  the 
same  time  fulfil  my  duty,  as  an  officer  charged  with  the 
orders  of  his  Majesty,  and  I  shall  satisfy  my  principles  and 
my  inclination  as  an  individual. 
I  have  the  honor  to  be,  &tc. 

ESTAING. 

P.  S.  Permit  me  to  recommend  to  the  favor  of  Con 
gress,  Messrs  John  Nicholson,  Elias  Johnson,  and  Henry 
Johnson.  Mr  Nicholson  preserved  the  ship  Tonnant, 
which  is  the  second  in  the  squadron,  and  Mr  Elias  John 
son  conducted  himself  with  the  greatest  zeal  and  the 
greatest  bravery  on  board  the  frigate  Engageante,  in  the 
engagement  in  which  she  took  the  privateer  Rose,  in  the 
Chesapeake  Bay. 


RESOLVES    OF    CONGRESS     RESPECTING    THE    COUNT   D'ES- 

TAING'S  LETTER,  AND  THE  RECEPTION  OP  M.  GERARD. 

In  Congress,  July  llth,  1778. 

Resolved,  that  General  Washington  be  informed  by  the 
President,  that  it  is  the  desire  of  Congress,  that  he  co-op 
erate  with  the  Count  d'Estaing,  commander  of  a  French 
squadron  now  on  the  coast  of  North  America,  and  pro 
ceeding  to  New  York,  in  the  execution  of  such  offensive 
operations  against  the  enemy  as  they  shall  mutually  ap 
prove. 

His  Most  Christian  Majesty,  the  King  of  France,  hav 
ing  thought  proper  to  send  on  the  coasts  a  powerful  fleet, 
in  order  to  co-operate  with  the  forces  of  these  States  in 
the  reduction  of  the  British  army  and  navy,  Resolved, 
that  General  Washington  be  impowered  to  call  on  the 
VOL.  x.  31 


242  GERAAD. 

States  of  New  Hampshire,  Massachusetts  Bay,  Connecti 
cut,  Rhode  Island,  New  York,  New  Jersey,  or  such  of 
them  as  he  shall  judge  proper,  for  such  aids  of  their  militia 
as  he  shall  think  requisite  for  carrying  on  his  operations,  in 
concert  with  Count  d'Estaing,  commander  of  the  French 
fleet ;  and  that  it  be  earnestly  recommended  to  the  above- 
mentioned,  to  exert  themselves  in  forwarding  the  force, 
which  may  be  required  of  them  with  the  utmost  despatch. 

Resolved,  that  the  Marine  Committee  be  directed  to 
order  the  Commissioners  of  the  navy  to  the  eastward,  to 
fit  out  as  many  continental  frigates  and  armed  vessels  as 
possible,  with  the  utmost  despatch,  to  join  the  French 
squadron  in  their  operations  against  the  enemy. 

Ordered,  that  the  Board  of  War  take  measures  for  pro 
viding  a  suitable  house  for  the  accommodation  of  M.  Ge 
rard  ;  and  that  they  give  the  necessary  orders  for  receiv 
ing  M.  Gerard  with  proper  honor  on  his  arrival. 

Resolved,  that  a  committee  of  five  be  appointed  to  wait 
on  M.  Gerard  on  his  arrival,  and  conduct  him  to  his 
lodgings. 

The  members  chosen,  Mr  Hancock,  Mr  Lee,  Mr  Dray- 
ton,  Mr  Roberdeau,  and  Mr  Duer. 

Next  morning  the  committee  went  to  Chester  to  meet 
M.  Gerard,  who  received  them  on  board  the  frigate.  In 
going  on  board  they  were  saluted  with  fifteen  guns.  They 
then  went  on  shore  and  waited  on  him  to  Philadelphia, 
and  conducted  him  to  General  Arnold's  head  quarters, 
where  a  dinner  was  provided  for  him  and  his  suit,  and  a 
number  of  the  members  of  Congress.  Before  dinner  he 
waited  on  the  President. 

On  Tuesday  he  delivered  to  the  President  sundry  pa 
pers  to  be  laid  before  Congress,*  desiring  to  know  in  what 
*  Letters  from  the  King,  and  notes  of  M.  Gerard. 


DIPLOMATIC  CORRESPONDENCE.  243 

capacity  Congress  were  willing  to  receive  him ;  whether 
as  Minister  Plenipotentiary  or  resident,  intimating,  that  in 
whatever  quality  he  was  received,  it  would  be  expected, 
that  the  Commissioners  from  the  States  at  the  Court  of 
France  should  he  vested  with  the  same. 


TO  THE  PRESIDENT  OF  CONGRESS. 

Translation. 

Philadelphia,  July  14th,  1778. 
Sir, 

His  Excellency,  the  Count  d'Estaing,  Vice-Admiral  of 
France,  commander  of  the  squadron  of  the  King,  being 
desirous  to  procure  for  the  armed  vessels,  whether  public 
or  private,  of  the  United  States,  the  means  of  availing 
themselves  of  the  operations  of  this  squadron,  in  order  to 
take  prizes  from  the  common  enemy,  the  undersigned  has 
the  honor  to  inform  Congress,  that  all  their  armed  vessels 
will  enjoy  the  most  extended  protection  of  the  squadron  of 
his  Most  Christian  Majesty,  and  that  the  prizes  which  they 
may  be  able  to  take  will  belong  entirely  to  them.  He 
leaves  it  to  the  wisdom  of  Congress  to  fix  upon  the  means 
of  deriving  from  this  arrangement,  the  advantage  of  which 
it  is  susceptible.  The  American  vessels,  which  shall  apply 
to  his  Excellency  the  Vice-Admiral,  will  receive  the  sig 
nals  which  will  be  necessary ;  and  the  undersigned  will 
successively  communicate  them  to  Congress,  that  informa 
tion  of  them  may  be  given  to  those  who  shall  sail  from  the 
ports.  He  relies  on  the  prudence  of  Congress  in  relation 
to  the  measures  necessary  to  ensure  success  in  this  matter. 

GERARD. 


244  GERARD. 

TO    THE    PRESIDENT    OF   CONGRESS* 

Translation. 

Philadelphia,  July  14th,  1778, 
Sir, 

The  squadron  which  the  King,  my  master,  has  sent,  in 
order  to  act  in  concert  with  the  United  States,  against  the 
common  enemy,  having  taken  some  prisoners  during  its 
passage,  the  keeping  of  whom  on  board  of  the  vessels 
would  be  embarrassing  and  even  dangerous,  the  under 
signed  requests  the  Congress  of  the  said  United  States  to 
have  the  goodness  to  cause  these  prisoners,  as  well  as  those 
whom  the  King's  squadron  shall  be  able  to  take  in  the 
course  of  its  operations,  to  be  received,  to  cause  provision 
to  be  made  for  their  safe  keeping  and  subsistence,  in  the 
same  manner  as  that  which  it  makes  use  of  for  its  own  pris 
oners,  and  to  hold  them  at  the  disposal  of  the  King,  and 
subject  to  the  orders  of  his  Excellency,  the  Count  d'Es- 
taing,  Vice-Admiral  of  France,  and  commander  of  his 
Majesty's  squadron. 

The  undersigned  will  take  care  to  cause  all  the  ex 
penses  incurred  on  this  occasion  to  be  reimbursed  at  certain 
periods,  in  such  manner  as  the  Congress  shall  be  pleased 
to  point  out.* 

GERARD. 

*  Congress  took  into  consideration  the  Memorial  respecting  pris 
oners,  and  thereupon 

"Resolved,  that  all  prisoners  taken,  or  which  may  be  taken,  by  the 
squadron  of  his  Most  Christian  Majesty,  under  the  command  of  the 
Count  d'Estaing,  Vice-Admiral  of  France,  be  received  by  the  Com 
missary-General  of  prisoners,  and  that  he  provide  for  their  safe  cus 
tody  and  subsistence  in  like  manner  as  has  been  usual  for  the  prison 
ers  of  these  States.  That  he  make  monthly  returns  of  all  prisoners, 
shall  be  by  him  so  received,  to  the  Board  of  War.  That  he 


DIPLOMATIC  CORRESPONDENCE.  245 

CEREMONIAL     OF    ADMITTING    THE    FRENCH    MINISTER    TO 
CONGRESS. 

In  Congress,  July  20th,  1781. 

Resolved,  That  the  ceremonial  for  a  Minister  Plenipo 
tentiary,  or  Envoy,  shall  be  as  follows ; 

When  a  Minister  Plenipotentiary,  or  Envoy,  shall  ar 
rive  within  ar;-  ' r  the  United  States,  he  shall  receive  at  all 
places  where  there  are  guards,  sentries,  or  the  like,  such 
military  honors  as  are  paid  to  a  general  officer  of  the 
second  rank  in  the  armies  of  the  United  States. 

When  he  shall  arrive  at  a  place  in  which  Congress  shall 
be,  he  shall  wait  upon  the  President  and  deliver  his  cre 
dentials,  or  a  copy  thereof.  Two  members  of  Congress 
shall  then  be  deputed  to  wait  upon  him,  and  inform  him 
where  and  when  he  shall  receive  audience  of  Congress. 

At  the  time  he  is  to  receive  his  audience,  the  two  mem 
bers  shall  again  wait  upon  him  in  a  coach  belonging  to  the 
States,  and  the  person  first  named  of  two,  shall  return  with 
the  Minister  Plenipotentiary,  or  Envoy,  in  the  coach, 
giving  the  Minister  the  right  hand,  and  placing  himself  on 
the  left,  with  the  other  member  on  the  front  seat. 

When  the  Minister  Plenipotentiary,  or  Envoy,  is  arrived 
at  the  door  of  the  Congress  Hall,  he  shall  be  introduced  to 
his  chair  by  the  two  members,  who  shall  stand  at  his  left 
hand.  Then  the  member  first  named  shall  present  and 

make  monthly  returns  to  the  treasury,  of  the  accounts  of  all  moneys 
expended  for  the  purposes  aforesaid,  and  that  the  prisoners  be  held 
at  the  disposal  of  his  Most  Christian  Majesty,  and  subject  to  the 
orders  of  his  Excellency  Count  d'Estaing. 

''Ordered,  that  the  paper  relative  to  the  encouragement  given  by 
the  Count  d'Estaing  to  American  armed  vessels,  whether  public  or 
private,  be  published." 


346  GERARD. 

announce  him  to  the  President  and  the  House,  whereupon 
he  shall  bow  to  the  President  and  Congress,  and  they  to 
him.  He  and  the  President  shall  then  again  bow  to 
each  other  and  be  seated,  after  which  the  House  shall  sit 
down. 

Having  spoken  and  being  answered,  the  Minister  and  the 
President  shall  bow  to  each  other,  at  which  time  the 
House  shall  bow,  and  then  he  shall  be  conducted  home  in 
the  manner  in  which  he  was  brought  to  the  House. 

Those  who  shall  wait  upon  the  Minister  shall  inform 
him,  that  if  in  any  audience  he  shall  choose  to  speak  on 
matters  of  business,  it  will  be  necessary  previously  to  de 
liver  in  writing  to  the  President  what  he  intends  to  say  at 
the  audience,  and  if  he  shall  not  incline  thereto,  it  will, 
from  the  constitution  of  Congress,  be  impracticable  for 
him  to  receive  an  immediate  answer. 

The  style  of  address  to  Congress  shall  be,  "Gentlemen 
of  the  Congress." 

All  speeches  or  communications  in  writing  may,  if  the 
public  Minister  choose  it,  be  in  the  language  of  their  res 
pective  countries,  and  all  replies  or  answers  shall  be  in  the 
language  of  the  United  States. 

After  the  audience,  the  members  of  Congress  shall  be 
first  visited  by  the  Minister  Plenipotentiary,  or  Envoy. 

July  30^.  Resolved,  That  Thursday  next  be  assigned 
for  giving  audience  to  the  honorable  M.  Gerard,  Minis 
ter  Plenipotentiary  from  his  Most  Christian  Majesty. 

August  5th.  Resolved,  That  when  the  Minister  is 
introduced  to  his  chair  by  the  two  members,  he  shall  sit 
down. 

His  Secretary  shall  then  deliver  to  the  President  the 
letters  of  his  Sovereign,  which  shall  be  read  and  trans- 


DIPLOMATIC  CORRESPONDENCE.  247 

lated  by  the  Secretary  of  Congress.  Then  the  Minister 
shall  be  announced.  At  which  time  the  President,  the 
House,  and  the  Minister  shall  rise  together.  The  Minister 
shall  then  bow  to  the  President  and  the  House,  and  they 
to  him.  The  Minister  and  the  President  shall  then  bow 
to  each  other  and  be  seated  ;  after  which  the  House  shall 
sit  down.  The  Minister  shall  deliver  his  speech  standing, 
the  President  and  the  House  shall  set  while  the  Minister  is 
delivering  his  speech. 

The  House  shall  rise,  and  the  President  shall  deliver  the 
answer  standing.  The  Minister  shall  stand  while  the 
President  delivers  the  answer. 

Having  spoken,  and  being  answered,  the  Minister  and 
the  President  shall  bow  to  each  other,  at  which  time  the 
House  shall  bow,  and  then  the  Minister  shall  be  conducted 
home  in  the  manner  in  which  he  was  brought  to  the 
House. 

Resolved,  That  the  door  of  the  Congress  chamber  be 
open  during  the  audience  to  be  given  to  the  Minister  Pleni 
potentiary  of  his  Most  Christian  Majesty. 

That  the  delegates  of  Pennsylvania  be  requested  to  in 
form  the  Vice  President,  the  Supreme  Executive  Council, 
and  the  Speaker  and  Assembly  of  the  said  State,  that  the 
Minister  Plenipotentiary  of  his  Most  Christian  Majesty,  the 
King  of  France,  will  receive  his  audience  of  Congress  at 
twelve  o'clock  tomorrow,  when  the  doors  of  the  chamber 
will  be  opened. 

That  each  member  of  Congress  may  give  two  tickets 
for  the  admittance  of  other  persons  to  the  audience,  and 
that  no  other  persons  except  those  specified  in  the  fore 
going  resolution,  be  admitted  without  such  a  ticket  signed 
by  the  members  appointed  to  introduce  the  Minister  to  the 
Congress. 


248  GERARD. 

Thursday,  August  6th.  According  to  order  the  hon 
orable  M.  Gerard  was  introduced  to  an  audience  by 
two  members  of  Congress,  and  being  seated,  his  Sec 
retary  delivered  to  the  President  a  letter  from  his 
Most  Christian  Majesty,  directed  "To  our  very  dear 
and  great  Friends  and  Allies,  the  President  and  Mem 
bers  of  the  General  Congress  of  the  United  States," 
in  the  words  following ; 

[See  this  letter  above,  p.  235,  dated  March  28th, 
1778.] 

The  Minister  was  then  announced  to  the  House, 
whereupon  he  arose  and  addressed  Congress  in  a 
speech  which,  when  he  had  finished,  his  Secretary  de- 
'  livered  in  writing  to  the  President,  and  is  as  follows ; 

Translation. 
"Gentlemen, 

"The  connexions  which  the  King,  my  master,  has 
formed  with  the  United  States  of  America,  are  so 
agreeable  to  him,  that  he  has  been  unwilling  to  delay 
sending  me  to  reside  near  you  to  unite  them  more 
closely.  His  Majesty  will  be  gratified  to  learn,  that 
the  sentiments  which  are  manifested  on  this  occasion 
justify  the  confidence,  with  which  the  zeal  and  the 
character  of  the  deputies  of  the  United  States  in 
France,  the  wisdom  and  the  firmness  which  have  di 
rected  your  resolutions,  together  with  the  courage  and 
the  constancy  which  the  people  have  displayed,  have 
inspire^  him.  You  know,  Gentlemen,  that  this  con 
fidence  has  laid  the  foundation  of  the  truly  friendly  and 
disinterested  plan,  upon  which  his  Majesty  has  treated 
with  the  United  States. 


DIPLOMATIC  CORRESPONDENCE.  349 

"It  has  not  rested  with  him,  that  his  engagements 
could  not  secure  your  independence  and  your  tranquil 
lity  without  the  further  effusion  of  blood,  and  without 
aggravating  the  miseries  of  mankind,  of  which  it  is  his 
whole  ambition  to  secure  the  happiness  ;  but  the  hos 
tile  dispositions  and  resolutions  of  the  common  enemy 
having  given  a  present  force,  positive,  permanent,  and 
indissoluble,  to  engagements  wholly  eventual,  the 
King,  my  master,  has  thought  that  the  two  allies  should 
occupy  themselves  only  with  the  means  of  fulfilling 
them  in  the  manner  the  most  useful  to  the  common 
cause,  and  of  the  most  effect  in  obtaining  peace,  which 
is  the  object  of  the  alliance.  It  is  in  conformity  with 
this  principle,  that  his  Majesty  has  hastened  to  send 
you  a  powerful  assistance.  You  owe  it,  Gentlemen, 
to  his  friendship,  to  the  sincere  interest  which  he  takes 
in  the  welfare  of  the  United  States,  and  to  the  desire 
which  he  has  of  concurring  effectually  in  securing  your 
peace  and  your  prosperity  on  honorable  and  firm  foun 
dations.  He  hopes,  moreover,  that  the  principles 
adopted  by  the  governments  will  contribute  to  extend 
the  connexions,  which  the  mutual  interest  of  the  res 
pective  nations  had  already  begun  to  form  between 
them.  The  principal  point  of  my  instructions  is  to 
make  the  interests  of  France  and  those  of  the  United 
States  keep  pace  together.  I  flatter  myself,  that  my 
past  conduct  in  affairs  which  interest  them,  has  al 
ready  convinced  you  that  I  have  no  more  earnest 
desire,  than  that  of  executing  my  instructions  in  such  a 
manner  as  to  deserve  the  confidence  of  Congress,  the 
friendship  of  its  members,  and  the  esteem  of  all  the 
citizens." 

VOL.  x.         32 


250  GERARD. 

To  this  speech  the  President  returned  the  following 
answer ; 

"Sir, 

"The  treaties  between  his  Most  Christian  Majesty 
and  the  United  States  of  America  so  fully  demonstrate 
his  wisdom  and  magnanimity  as  to  command  the 
reverence  of  all  nations.  The  virtuous  citizens  of 
America  in  particular  can  never  forget  his  beneficent 
attention  to  their  violated  rights,  nor  cease  to  acknowl 
edge  the  hand  of  a  gracious  Providence  in  raising  for 
them  so  powerful  and  illustrious  a  friend.  It  is  the 
hope  and  the  opinion  of  Congress,  that  the  confidence 
his  Majesty  reposes  in  the  firmness  of  these  States 
will  receive  additional  strength  from  every  day's  ex 
perience. 

"This  assembly  are  convinced,  Sir,  that  had  it 
rested  solely  with  the  Most  Christian  King,  not  only 
the  independence  of  these  States  would  have  been 
universally  acknowledged,  but  their  tranquillity  fully 
established  ;  we  lament  that  lust  of  domination,  which 
gave  birth  to  the  present  war  and  has  prolonged  and 
extended  the  miseries  of  mankind.  We  ardently  wish 
to  sheathe  the  sword,  and  spare  the  further  effusion  of 
blood  ;  but  we  are  determined,  by  every  means  in  our 
power,  to  fulfil  those  eventual  engagements,  which 
have  acquired  positive  and  permanent  force  from  the 
hostile  designs  and  measures  of  the  common  enemv. 

O  " 

"Congress  have  reason  to  believe,  that  the  assistance 
so  wisely  and  generously  sent  will  bring  Great  Britain 
to  a  sense  of  justice  and  moderation,  promote  the  in 
terests  of  France  and  America,  and  secure  peace  and 
tranquillity  on  the  most  firm  and  honorable  foundation. 


DIPLOMATIC  CORRESPONDENCE. 


251 


Neither  can  it  be  doubted,  that  those  who  administer 
the  powers  of  government,  within  the  several  States  of 
this  Union,  will  cement  that  connexion  with  the  sub 
jects  of  France,  the  beneficent  effects  of  which  have 
already  been  so  sensibly  felt. 

"Sir,  from  the  experience  we  have  had  of  your  ex 
ertions  to  promote  the  true  interests  of  our  country  as 
well  as  your  own,  it  is  with  the  highest  satisfaction 
Congress  receive  as  the  first  Minister  from  his  Most 
Christian  Majesty,  a  gentleman,  whose  past  conduct 
affords  a  happy  presage  that  he  will  merit  the  confi 
dence  of  this  body,  the  friendship  of  its  members,  and 
the  esteem  of  the  citizens  of  America." 

The  Secretary  of  Congress  delivered  to  the  Min 
ister  a  copy  of  the  foregoing  speech,  dated  "In  Con 
gress,  August  6th,  1778,"  and  signed  "Henry  Lau- 
rens,  President."  Whereupon  the  Minister  withdrew, 
and  was  conducted  home  in  the  manner  in  which  he 
was  brought  to  the  House. 


TO   THE    PRESIDENT   OF   CONCftESS. 

Translation. 

Philadelphia,  November  9th,  1778. 
Sir, 

The  Minister  Plenipotentiary  of  France  has  the  honor 
to  inform  the  Congress  of  the  United  States  of  North 
America,  that  he  has  obtained,  on  account  of  his  Majesty, 
the  cargo  of  two  schooners ;  the  one  called  the  Gentil, 
George  Andre,  Captain,  and  the  other  the  Adventurer, 
commanded  by  Captain  Joseph  Taffier,  these  two  ves- 


252 


GERARD. 


sels  being  now  in  the  port  of  Petersburg,  Virginia,  and  their 
cargoes  delivered,  consisting  of  from  twelve  to  thirteen  hun 
dred  barrels  of  flour,  and  about  fifty  barrels  of  biscuit. 
The  destination  of  these  provisions,  requiring  that  they 
should  depart  immediately,  the  undersigned  Minister  Plen 
ipotentiary  requests  Congress  to  be  pleased  to  take  the 
measures  which  it  shall  judge  necessary,  in  order,  that  the 
departure  of  these  two  vessels  with  their  cargoes  may  meet 
with  no  obstacle.  An  express  will  wait  for  the  orders, 
which  it  may  be  necessary  to  send  into  Virginia,  in  relation 

to  this  object. 

GERARD. 

Whereupon  Congress  ordered,  that  the  President  write 
to  the  Governor  of  Virginia,  explain  to  him  the  nature  of 
this  transaction,  and  the  necessity  of  the  vessels'  immedi 
ate  departure,  and  desire  him  to  give  orders  accordingly. 


November  18th,  1778.  Two  letters  from  the  Honorable 
the  Minister  Plenipotentiary  of  France  were  read,  request 
ing  a  passage  on  board  of  one  of  the  continental  frigates,  for 
the  Chevalier  de  Raymondis,  Captain  of  the  Cassar,  and 
that  a  vessel  on  board  of  which  are  a  number  of  invalids, 
may  be  taken  under  convoy  of  the  frigate  until  she  be  safe 
at  sea.  These  were  referred  to  the  Marine  Committee, 
with  directions  to  comply  with  the  request  therein  con 
tained. 


DIPLOMATIC  CORRESPONDENCE.  253 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  November  20th,  1778. 
Sir, 

The  Minister  of  France  thinks  it  his  duty  to  have  the 
honor  of  communicating  to  the  President  of  Congress  the 
reflection  that,  according  to  ordinary  rules,  treaties  are  not 
published  until  the  respective  ratifications  have  been  ex 
changed,  and  that  so  far  as  he  is  informed,  that  of  the  King 
has  not  arrived.  If  Congress,  however,  has  motives  to 
proceed  immediately  to  this  publication,  the  Minister  re 
quests  it  not  to  be  stopped  by  his  reflection ;  the  wisdom 
of  their  views  deserving  all  preference  over  what  can  only 
be  regarded  as  a  mere  formality. 

GERARD. 


Philadelphia,  December  2d,  1778. 

The  President  communicated  to  Congress  the  following 
unsigned  note  from  the  Minister  of  France. 

"It  is  thought  proper  to  inform  persons,  who  have  busi 
ness  in  France,  that  all  judicial  and  extra-judicial  acts, 
powers  of  attorney,  &c.  which  are  destined  to  be  sent 
thither,  ought  to  be  invested  with  the  authorisation  of  the 
Minister  Plenipotentiary,  or  the  Consuls  of  this  Crown  es 
tablished  in  the  different  States  of  America.  By  means 
of  this  formality,  all  the  acts  valid  in  America  will  have 
the  same  validity  in  France  in  all  cases." 

December  4th.  The  President  communicated  to  Con 
gress  another  unsigned  note  from  the  Minister  of  France, 
relative  to  a  plan  he  had  proposed  for  discharging  the  debt 


254  GERARD, 

due  to  Roderique  Hortalez  &  Co.  namely,  by  furnishing 
the  French  fleet  in  America  with  provisions,  for  the  amount 
of  which  the  Court  would  procure  the  United  States  a 
credit  with  Hortalez  &  Co.  The  note  was  delivered  in 
English,  in  the  words  following. 

"Leave  is  begged  from  the  Honorable  the  President  of 
Congress  to  submit  to  him  some  reflections  upon  a  late  con 
versation.  The  insinuation  made  was  founded  upon  the 
consideration,  that  the  method  proposed  would  be  more 
simple,  more  easy,  and  more  convenient,  than  any  other, 
and  that  besides,  the  troubles,  the  expenses,  the  dangers 
of  the  sea,  and  of  the  enemy,  the  spoiling  of  the  cargoes, 
&tc.  would  be  avoided. 

"The  manner  of  executing  this  plan,  if  adopted,  would 
be  very  simple,  and  attended  with  no  inconveniency ;  the 
Court  shall  take  upon  itself  to  satisfy  the  furnisher  of  the 
articles  in  question,  and  Congress  shall  receive  the  dis 
charge  for  ready  money,  in  their  accounts  with  the  Court." 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  December  6th,  1778. 

Sir, 

The  Minister  Plenipotentiary  of  France,  considering 
that  it  is  of  great  importance  for  the  interests  of  France 
and  the  United  States  of  America  to  prevent,  or  to  delay  as 
much  as  possible,  the  repairs,  and  consequently  the  activ 
ity  of  the  enemy's  ships,  and  that  one  of  the  most  effica 
cious  means  would  be,  to  intercept  the  masts  which  they 
are  obliged  to  bring  from  Halifax,  is  firmly  persuaded,  that 


DIPLOMATIC  CORRESPONDENCE.  355 

this  subject  has  not  escaped  the  consideration  of  Congress, 
but  believing  that  it  is  for  the  interest  of  the  King,  his  mas 
ter,  that  his  Majesty  should  contribute  to  the  measures 
which  may  effect  this  object,  his  intention  is  to  offer  a  re 
ward  to  the  owners  of  privateers,  who  shall  take  or  destroy 
vessels  loaded  with  masts  proper  for  ships  of  the  line  or 
for  frigates.  This  encouragement  seemed  necessary,  in 
order  to  turn  the  efforts  of  privateers  in  this  direction,  con 
sidering  the  low  price  of  this  commodity  in  proportion  to 
other  cargoes,  but  the  said  Minister  did  not  wish  to  exe 
cute  this  plan  without  communicating  it  to  Congress,  and 
before  knowing  its  opinion  on  this  subject. 

GERARD. 


TO    THE    PRESIDENT    OP    CONGRESS. 

Translation. 

Philadelphia,  December  7lh,  1778. 
Sir, 

I  have  had  the  honor  to  make  known  to  you  the 
reasons  of  my  perplexity,  with  regard  to  transmitting 
to  my  Court  some  ideas  respecting  certain  persons 
strongly  suspected  of  being  emissaries  of  the  Court  of 
London,  as  well  as  concerning  the  doctrine  of  the  lib 
erty,  which  it  is  pretended  the  United  States  have 
preserved  of  treating  with  this  power  separately  from 
their  ally,  so  long  as  Great  Britain  has  not  declared 
war  upon  the  King  my  master.  I  have  expressed  to 
you  how  far  it  is  from  my  character  to  pay  regard  to 
public  rumors  and  to  the  reports  of  any  individuals,  in 
a  matter  as  important  as  it  is  delicate,  and  the  desire 
which  I  feel  that  Congress  would  be  pleased  to  furnish 


256  GERARD. 

me  with  the  means  of  placing  my  Court,  and  by  its 
means,  all  the  present  and  future  friends  of  the  United 
States  in  Europe,  on  their  guard  against  the  impres 
sions  which  these  ideas  might  produce.  They  ap 
peared  to  me  particularly  dangerous  in  relation  to 
England,  where  they  would  nourish  the  hope  of  sow 
ing  domestic  divisions  in  the  bosom  of  the  United 
States,  and  of  separating  them  from  their  ally,  by 
annulling,  also,  the  treaties  concluded  with  him.  It 
seems,  in  fact,  that  as  long  as  this  double  hope  shall 
continue,  England  will  not  think  seriously  of  acknowl 
edging  your  independence  on  the  footing  expressed  in 
the  treaty  of  Paris.  Your  zeal,  Sir,  for  your  country, 
and  for  the  maintenance  of  the  harmony  so  happily 
established,  is  too  well  known  for  me  not  to  hope  that 
you  will  be  pleased  to  lay  before  Congress  this  sub 
ject,  which  my  solicitude  for  whatever  concerns  the 
maintenance  of  the  reputation  of  the  alliance  has  caused 
me  to  regard  as  very  important. 

I  am  persuaded,  Sir,  that  you  will  at  the  same  time 
have  the  goodness  to  inform  Congress  of  the  proof  of 
firmness,  and  of  attachment  to  the  interests  of  the 
United  States,  to  the  common  cause  and  to  the  alli 
ance,  which  the  King  my  master  has  given,  in  rejecting 
the  overtures  which  the  Court  of  London  has  made 
through  Spain. 

I  have  the  honor  to  be,  with  sentiments  of  re 
spect,  &c. 

I      ^  GERARD. 

To  the  memorial  respecting  masts,  an  answer  was 
returned  on  the  16th.  And  in  answer  to  the  above 


DIPLOMATIC  CORRESPONDENCE.  357 

letter  Congress  passed  a  resolution  on  the  14th  of 
January,  1779,  as  follows; 

"Whereas  it  has  been  represented  to  this  House  by 
M.  Gerard,  Minister  Plenipotentiary  of  France,  that  it 
is  pretended  that  the  United  States  have  preserved  the 
liberty  of  treating  with  Great  Britain  separately  from 
their  ally,  as  long  as  Great  Britain  shall  not  have 
declared  war  against  the  King,  his  master,  therefore, 

"Resolved  unanimously,  That  as  neither  France  nor 
these  United  States  may  of  right,  so  -these  United 
States  will  not  conclude  either  truce  or  peace  with  the 
common  enemy  without  the  formal  consent  of  their 
ally  first  obtained,  and  that  any  matters  or  things 
which  may  be  insinuated  or  asserted  to  the  contrary 
thereof  tend  to  the  injury  and  dishonor  of  the  said 
States." 

TO    THE    PRESIDENT    OP    CONGRESS. 

Translation. 

Philadelphia,  December  14th,  1778. 
Sir, 

The  Minister  Plenipotentiary  of  France  has  the 
honor  to  remind  Congress,  that  they  were  pleased  to 
order  in  Virginia  the  purchase  of  eighteen  thousand 
barrels  of  flour  to  complete  the  quantity  of  provisions 
destined  for  the  fleet  of  his  Most  Christian  Majesty, 
but  the  undersigned  being  informed  of  the  scarcity  of 
this  article  has  confined  himself  to  ten  or  twelve 
thousand.  Information  since  received  from  Virginia 
causing  him  to  fear  that  the  flour  of  the  current  year 
has  a  disagreeable  taste,  and  that,  consequently,  the 
aforesaid  quantity  cannot  be  furnished  of  a  quality 
VOL.  x.  33 


258  GERARD. 

suitable  for  bearing  the  climate  of  the  islands,  the  un 
dersigned  presumes  that  a  part  of  it  may  be  replaced 
by  rice  taken  from  South  Carolina,  where  he  is  in 
formed  this  article  abounds. 

It  is  from  these  considerations  that  the  undersigned 
Minister  takes  the  liberty  to  request  Congress  to  take 
the  measures  necessary  in  order  that  six  thousand  bar 
rels  of  rice  may  be  bought  and  exported  from  South 
Carolina,  the  said  Minister  being  resolved  to  employ 
American  citizens  in  these  kinds  of  purchases,  as  he 
has  promised,  proposes  to  intrust  this  commission  to 
Mr  Gervais. 

GERARD. 


TO    THE    PRESIDENT    OP    CONGRESS. 

Translation. 

Philadelphia,  January  4th,  1779. 
Sir, 

The  Minister  Plenipotentiary  of  France  learns  by 
M.  Francy,  that,  from  the  offer  which  he  made  in 
relation  to  the  payment  by  compensation  of  a  part  of 
the  sums  due  from  the  United  States  to  M.  de  Beau- 
marchais,  consequences  have  been  drawn,  which  are 
contrary  to  the  intentions  of  the  undersigned. 

He  finds  himself  obliged  to  prevent  all  mistakes  by 
declaring  in  writing,  as  he  always  has  done  verbally, 
that  all  the  supplies  furnished  by  M.  de  Beaumarchais 
to  the  States,  whether  merchandise  or  cannons  and 
military  goods,  were  furnished  in  the  way  of  com 
merce,  and  that  the  articles  which  came  from  the 
King's  magazines  and  arsenals  were  sold  to  M.  de 


DIPLOMATIC  CORRESPONDENCE.  359 

Beaumarchais  by  the  department  of  artillery,  and  that 
he  has  furnished  his  obligations  for  the  price  of  these 
articles.  He  is,  consequently,  a  debtor  to  the  war 
department,  whilst  he  is  a  creditor  of  the  United  States 
by  the  sale  of  these  same  articles,  which  had  become 
his  property.  On  the  other  side  the  King  is  a  debtor 
to  the  United  States. 

It  is  this  situation,  namely,  the  difficulty  which 
Congress  finds  in  paying  M.  de  Beaumarchais  by  re 
turn  of  merchandise,  and  the  considerable  saving 
which  would  result  to  Congress,  that  has  determined 
the  undersigned  to  offer  a  mutual  compensation,  and  to 
pay  the  King's  debts  to  the  United  States  to  the 
amount  of  the  receipts  of  M.  de  Beaumarchais,  which 
Congress  will  receive  in  ready  money.  This  is  the 
simple  and  natural  operation,  which  the  undersigned 
has  offered,  and  which  ought  not  at  all  to  change  the 
situation  of  M.  de  Beaumarchais  with  regard  to  Con 
gress,  since  he  is  and  continues  to  be  a  creditor  in  his 
own  name,  of  the  United  States,  and  since  the  under 
signed  simply  offers  to  pay  to  the  discharge  of  Con 
gress  a  certain  sum,  which  the  undersigned  will  de 
termine  in  concert  with  M.  de  Francy,  when  Con 
gress  shall  have  passed  a  resolution  on  this  offer. 

The  undersigned  thinks  that  he  owes  these  explanations 
to  his  respect  for  Congress,  and  he  hopes  that  if  there 
may  remain  any  false  ideas  on  this  subject,  Congress  will 
be  pleased  to  place  him  in  a  situation  to  supply  all  the  in 
formation  which  may  yet  be  desired. 

GERARD. 


260  GERARD. 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  January  5th,  1779. 
Sir, 

The  Minister  Plenipotentiary  of  France  cannot  forbear 
to  submit  to  the  Congress  of  the  United  States,  the  pas 
sages  underscored  in  the  two  gazettes  annexed,  under  date 
of  the  3d  and  5th  of  this  month.  He  has  no  doubt  of  the 
indignation  of  Congress  at  the  indiscreet  assertions  con 
tained  in  these  passages,  which  equally  bring  into  question 
the  dignity  and  reputation  of  the  King  my  master,  and 
that  of  the  United  States.  These  assertions  will  become, 
in  the  hands  of  the  enemies  of  the  common  cause,  a 
weapon  the  more  powerful  and  dangerous,  as  the  author  is 
an  officer  of  Congress,  and  as  he  takes  advantage  of  his 
situation  to  give  credit  to  his  opinions  and  to  his  affirma 
tions. 

The  aforesaid  Minister  relies  entirely  on  the  wisdom  of 
Congress  to  take  measures  suitable  to  the  circumstance. 
It  has  not  been  owing  to  him,  that  the  author  has  not  him 
self  repaired  the  injury  which  he  has  done,  the  Minister 
Plenipotentiary  having  hastened  to  convince  him  of  the 
wrongs  of  which  he  was  guilty,  when  the  first  of  these 

gazettes  appeared  in  public. 

GERARD. 


The  passages  referred  to  in  the  above  were  contained 
in  a  piece  published  in  the  Pennsylvania  Packet,  under 
the  title,  "Common  Sense  to  the  Public  on  Mr  Deane's 
Affair,"  written  by  Thomas  Paine,  then  Secretary  to  the 
Committee  of  Foreign  Affairs  ;  and  are  as  follows  ; 


DIPLOMATIC  CORRESPONDENCE.  261 

"If  Mr  Deane,  or  any  other  gentleman,  will  procure  an 
order  from  Congress  to  inspect  an  account  in  rny  office,  or 
any  of  Mr  Deane's  friends  in  Congress  will  take  the 
trouble  of  corning  themselves,  I  will  give  him  or  them  my 
attendance,  and  show  them  in  a  hand-writing,  which  Mr 
Deane  is  well  acquainted  with,  that  the  supplies  he  so 
pompously  plumes  himself  upon"  (namely,  those  which 
were  sent  from  France  in  the  Amphitrite,  Seine,  and  Mer 
cury)  were  promised  and  engaged,  and  that  as  a  present, 
before  he  even  arrived  in  France,  and  that  the  part  which 
fell  to  Mr  Deane  was  only  to  see  it  done,  and  how  he  has 
performed  that  service,  the  public  are  now  acquainted 
with."  The  last  paragraph  in  the  account,  is  "upon  Mr 
Deane's  arrival  in  France,  the  business  went  into  his 
hands,  and  the  aids  were  at  length  embarked  in  the  Am 
phitrite,  Mercury,  and  Seine."  "I  have  been  the  more 
explicit  on  this  subject,  not  so  much  on  Mr  Deane's  ac 
count,  as  from  a  principle  of  public  justice.  It  shows,  in 
the  first  instance,  that  the  greatness  of  the  American  cause 
drew  at  its  first  beginning  the  attention  of  Europe,  an  J  that 
the  justness  of  it  was  such  as  appeared  to  merit  support ; 
and  in  the  second  instance,  that  those  who  are  now  her  allies 
prefaced  that  alliance  by  an  early  and  generous  friendship ; 
yet,  that  we  might  not  attribute  too  much  to  human  or 
auxiliary  aid,  so  unfortunate  were  those  supplies,  that  only 
one  ship  out  of  the  three  arrived  ;  the  Mercury  and  the 
Seine  fell  into  the  enemy's  hands." 


262  GERARD. 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  January  10th,  1779. 
Sir, 

I  cannot  forbear  to  present  to  Congress  the  striking  ob 
servations  occasioned  by  the  delay,  which  the  answer  to 
my  representation  of  the  beginning  of  the  past  month  meets 
with.  Already  the  enemies  of  the  common  cause  repre 
sent  it  as  a  proof  of  the  diversity  of  the  opinions  which 
prevail  in  Congress,  as  if  there  could  exist  a  contrariety  of 
sentiments  upon  a  subject  so  simple,  and  a  matter  so  clear, 
that  to  call  it  in  question  would  be  at  the  same  time  to 
call  in  question  the  solidity,  and  even  the  existence  of  the 
alliance.  Certainly,  Sir,  no  one  is  farther  than  myself 
from  adopting  suspicions,  which  would  be  so  fatal  to  the 
common  cause  ;  but  I  have  had  the  honor  to  explain  the 
motives,  which  should  induce  Congress  to  give  to  this  sub 
ject  a  ready,  formal,  and  explicit  declaration.  They  know 
that  erroneous  opinions  become  more  difficult  to  destroy 
when  they  have  had  time  to  take  root  in  men's  minds ;  it 
is  then  wished  to  remedy  the  evil,  but  it  is  found  irremedia- 
able.  The  greater  part  of  these  reflections  is  applicable 
in  an  equal  degree  to  the  declaration,  which  I  had  the 
honor  to  make  to  Congress  on  the  5th  of  this  month,  and 
I  wait  impatiently  for  answers,  which  may  quiet  my  Court 
against  the  efforts  made  by  the  enemies  to  draw  from  the 
facts  in  question,  inferences  injurious  to  the  allies  and  the 
alliance,  efforts  of  which  Congress  alone  can  avoid  the 
dangers.  My  zeal  and  my  respect  do  not  allow  me  to 
conceal  from  them  apprehensions,  which  seem  to  me  but 
too  well  founded  and  worthy  of  all  their  attention. 

I  have  the  honor  to  be,  &c.  GERARD. 


DIPLOMATIC  CORRESPONDENCE.  263 

On  the  12th  of  January,  Congress  taking  into  consider 
ation  the  publication  in  the  Pennsylvania  Packet  of  the 
2d  and  5th  instant,  under  the  title  of  "Common  Sense  to 
the  Public  on  Mr  Deane's  Affair,"  of  which  Mr  Thomas 
Paine,  Secretary  of  the  Committee  of  Foreign  Affairs,  has 
acknowledged  himself  to  be  the  author,  and  also  the  me 
morials  of  the  Minister  Plenipotentiary  of  France,  of  the 
5th  and  10th  instant,  respecting  the  said  publication  ;  "Re 
solved,  unanimously,  that  in  answer  to  the  memorials  of 
the  Plenipotentiary  of  his  Most  Christian  Majesty,  of  the 
5th  and  10th  instant,  the  President  be  directed  to  assure 
the  said  Minister,  that  Congress  do  fully,  in  the  clearest 
and  most  explicit  manner,  disavow  the  publications  re 
ferred  to  in  his  said  memorials,  and,  as  they  are  convinced 
by  indisputable  evidence,  that  the  supplies  shipped  in  the 
Amphitrite,  Seine,  and  Mercury,  were  not  a  present,  and 
that  his  Most  Christian  Majesty,  the  great  and  generous 
ally  of  these  United  States,  did  not  preface  his  alliance 
with  any  supplies  whatever  sent  to  America,  so  they  have 
not  authorised  the  writer  of  the  said  publication  to  make 
any  such  assertions  as  are  contained  therein,  but,  on  the 
contrary,  do  highly  disapprove  of  the  same." 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  January  14th,  1779. 
Sir, 

I  have  received  the  letter,  with  which  you  honored  me 
on  the  13th  of  this  month,  on  sending  me  the  resolution  of 
Congress  in  answer  to  the  representations,  which  I  had  the 
honor  to  make  to  it  on  the  5th  and  10th. 


264  GERARD . 

I  request  you  to  receive,  and  to  offer  to  Congress,  all  the 
sensibility  with  which  I  have  seen  the  frank,  noble,  and 
explicit  manner  in  which  they  have  destroyed  false  and 
dangerous  insinuations,  which  might  deceive  the  misin 
formed  people,  and  give  arms  to  the  enemies  of  the  com 
mon  cause. 

The  King,  my  master,  Sir,  does  not  need  these  proofs, 
in  order  to  place  his  confidence  in  the  disposition  of  firm 
ness  and  constancy,  which  is  exhibited  by  Congress  in  the 
principles  of  the  alliance  ;  but  his  Majesty  will  always  see 
with  pleasure  the  measures  that  Congress  shall  take  to 
maintain  its  reputation  inviolate,  and  it  is  from  this  same 
consideration,  that  I  flatter  myself  he  will  have  found 
my  representation  of  the  7th  of  December  last,  equally 
worthy  of  his  attention. 

I  am,  with  respect  and  esteem,  Sic. 

GERARD. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  January  15th,  1779. 
Sir, 

With  all  my  eagerness  for  whatever  can  be  agreeable  to 
Congress,  I  have  made  use  of  their  resolution  relative  to 
M.  Duportail,  and  the  officers  who  accompany  him.  They 
feel  much  honored  by  the  praises,  which  their  services  and 
conduct  have  merited,  as  well  as  by  the  confidence  which 
Congress  shows  in  them,  by  desiring  them  to  pass  another 
campaign  in  the  service  of  the  United  States.  Their  letter, 
a  copy  of  which  is  annexed,  expresses  their  resolution  to 


DIPLOMATIC  CORRESPONDENCE. 


accept  this  invitation,  and  moreover  contains  proofs  of  an 
unlimited  confidence  in  the  justice  and  goodness  of  Con 
gress. 

I  do  not  doubt,  Sir,  that  these  sentiments  will  increase 
the  degree  of  esteem  and  good  will,  which  they  already 
deserve  on  account  of  their  distinguished  services.  This 
affair  being  thus  settled,  I  shall  lose  no  time  in  asking  of 
the  King  the  consent,  which  the  officers  of  engineers  need. 
My  knowledge  of  the  dispositions  of  the  King  and  his  Min 
istry,  in  relation  to  whatever  may  be  useful  to  the  United 
States,  does  not  allow  me  to  doubt,  that  my  conduct,  and 
the  attachment  of  these  officers  to  the  American  service, 
will  be  approved. 

I  am,  with  respectful  esteem,  he. 

^  GERARD. 

MESSRS     DUPORTAIL,    LA     RADIERE,    AND     LAUMOT    TO    M. 
GERARD. 

Translation. 

Philadelphia,  January  'l5th,  1779. 
Sir, 

We  have  been  penetrated  with  gratitude  on  seeing  in 
the  resolution  of  Congress,  annexed  to  your  Excellency's 
letter,  proofs  of  esteem  with  which  we  are  honored  by  our 
illustrious  General,  and  which  gives  occasion  to  the  propo 
sition  which  is  made  to  us,  of  continuing  in  the  service  of 
the  United  States  through  the  next  campaign.  We  will 
ingly  consent  to  it,  since  your  Excellency  thinks,  that  we 
shall  thereby  fulfil  the  intentions  of  the  Court,  and  since 
you  are  so  kind  as  to  take  upon  yourself  the  trouble  of 
asking  from  it  the  necessary  permission.  Relying  also  on 
VOL.  x.  34 


206  GERARD. 

the  justice  of  Congress  for  the  favors  which  we  may  merit 
from  longer  services,  we  affix  no  conditions  to  the  contin 
uance  of  our  residence  in  America.  But  we  deem  it  our 
duty  to  state,  that  heing  determined  to  remain  here  by  our 
desire  of  serving,  and  of  being  useful  to  the  United  States, 
if  the  means  of  usefulness  should  disappear  on  any  account 
whatsoever,  we  shall  be  desirous  of  preserving  the  liberty 
of  returning  into  our  country.  Sensible  of  the  interest 
which  your  Excellency  is  so  kind  as  to  take  in  this  affair, 
we  beg  you  to  accept  our  most  humble  thanks. 

We  are,  respectfully,  your  Excellency's  most  obedient 

humble  servants, 

DUPORTAIL, 

LA  RADIERE, 
LAUMOY. 

P.  S.     M.  de  Goudion  has  said,  that  he  would  agree 
to  whatever  we  should  do. 


January  %lst.  A  Memorial  from  M.  Gerard,  Minister 
Plenipotentiary  of  France,  and  Consul-General,  was  read, 
enclosing  a  commission  of  Consul  in  the  port  of  Bos 
ton,  and  other  ports  in  Massachusetts  Bay,  to  the  Sieur 
Valnais.  The  commission  was  referred  to  the  Marine 
Committee,  and  they  were  instructed  to  register  it  and  to 
return  the  original  to  M.  Valnais,  and  to  take  measures  for 
making  him  known  to  all  whom  it  may  concern,  as  Consul 
of  France  in  the  State  of  Massachusetts. 


DIPLOMATIC  CORRESPONDENCE.  267 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  February  3d,  177D. 
Sir, 

The  Minister  Plenipotentiary  of  France  has  the  honor 
to  represent  to  the  Congress  of  the  United  States,  that  it 
is  of  infinite  importance  to  the  safety  of  the  King's  squad 
ron,  stationed  in  the  Gulf  of  Mexico,  to  determine  the 
supply  of  provisions  on  which  it  may  rely.  And  several 
vessels  being  ready  to  sail  for  Martinique,  the  wisdom  of 
Congress  will  show  to  that  body  the  necessity  of  informing 
the  commander  of  this  squadron  of  it  without  delay. 

GERARD. 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  February  8lh,  1779. 
Sir, 

The  Minister  Plenipotentiary  of  France,  being  ordered 
to  communicate  to  Congress  subjects  of  the  highest  impor 
tance,  has  the  honor  to  inform  the  President  of  it,  and 
requests  him  to  inform  him,  whether  he  wishes  him  to  ex 
ecute  his  orders  through  him,  or  if  he  prefers  that  he 
should  communicate  them  to  Congress  in  an  audience. 

GERARD. 

"Ordered,  that  the  President  acquaint  M.  Gerard,  Minis* 
ter  Plenipotentiary  of  France,  that  Congress  wijl  admit 
him  to  a  private  audience,  when  he  shall  present  himself, 
to  make  the  communication  lie  is  instructed  to  make  to 
Congress." 


263 


TO    THE    PRESIDENT   OF    CONGRESS. 

Translation. 

Philadelphia,  February  9th,  1779, 

Sir, 

By  instructions  addressed  to  the  undersigned  on  the 
29th  of  October  last,  he  is  ordered  to  transmit  to  Congress 
the  answer  of  the  King  to  certain  communications  made 
to  his  Majesty  by  the  Commissioners  oi  the  United  States. 

Jst.  These  Commissioners  having  desired  his  Majesty 
to  continue  the  subsidy  which  he  had  granted  them,  he 
gave  them  to  understand,  that  his  affairs  did  not  permit 
him  to  make  this  engagement,  since  the  war  which  he  is 
carrying  on  against  England,  and  the  general  situation  of 
Europe,  require  expenses  which  absorb  all  his  resources, 
yet  in  consequence  of  the  representations  made  by  the 
deputies,  of  the  difficulty  which  they  found  in  honoring 
the  bills  of  exchange  which  Congress  had  drawn  upon 
them,  for  the  interest  due  upon  money  which  had  been 
borrowed,  his  Majesty  has  been  pleased  to  grant  a  sum  of 
seven  hundred  and  fifty  thousand  livres,  as  a  new  proof  of 
his  friendship  for  the  United  States. 

2dly.  The  same  Commissioners  made  known  to  the 
King,  that  Congress  had  reason  to  presume,  that  a  part  of 
the  articles  furnished  to  the  United  States,  was  a  present 
on  the  part  of  his  Majesty.  The  undersigned  is  author 
ised  to  declare,  that  this  intention  never  existed,  that  it 
was  an  affair  entirely  commercial,  in  which  the  Ministry 
had  no  other  part,  than  that  of  permitting  M.  de  Beau- 
marchais  to  take  from  the  magazines  and  arsenals  of  the 
King,  on  condition  of  replacing  them,  the  articles  with  which 
commerce  could  not  supply  him,  that  consequently  the  Min- 


DIPLOMATIC  CORRESPONDENCE.  269 

istry  had  no  other  power  in  this  affair,  than  that  of  preventing 
Congress  frotn  being  pressed  too  soon  for  payment  for  the 
articles  taken  from  the  magazines  and  arsenals  of  the  King. 
As  to  the  contract  made  with  Roderique  Hortalez  &  Co, 
the  Ministry  has  declared  to  the  American  deputies,  who 
asked  their  advice,  upon  the  ratification  or  rejection  of 
this  contract,  that  they  did  not  know  the  house  of  Roder 
ique  Hortalez  &  Co.  and  that  they  could  not  answer  for 
it,  nor  express  an  opinion  as  to  its  stability  and  fidelity  in 
the  performance  of  its  engagements. 

GERARD, 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  February  9th,  1779. 
Sir, 

The  undersigned,  Minister  Plenipotentiary  of  France, 
has  received  a  formal  order  from  the  King,  his  master,  to 
make  known  to  Congress,  that  the  King  of  Spain,  in 
order  to  put  an  end  to  the  tergiversations  of  England,  Lis 
determined  upon  a  decisive  arid  peremptory  proceeding. 
His  Catholic  Majesty  has,  consequently,  made  to  the  King 
of  England  a  final  offer  of  his  mediation ;  but  with  the 
declaration  that  it  was  the  last,  and  that  if  it  was  as  fruit 
less  as  those  which  preceded,  it  would  only  remain  to 
him  to  perform  the  duties,  which  his  alliance  with  the  King 
imposes  upon  him. 

The  King  of  Spain,  by  taking  this  proceeding  upon  him 
self  in  a  friendly  manner,  has  shown  a  disposition  most 
favorable  to  the  alliance.  The  King,  my  master,  on  his 
side,  persists  in  the  invariable  resolution  not  to  separate 


270  GERARD, 

liis  interests  from  those  of  America,  and  to  support  the 
cause  of  the  United  States,  as  if  it  were  his  own  personal 
cause. 

His  Majesty  thinks,  while  fulfilling  the  duties  of  the  al 
liance  by  this  confidential  communication,  that  he  ought  to 
invite  and  urge  Congress  to  furnish  immediately  with  the 
necessary  powers  and  instructions  the  person  or  persons 
whom  they  shall  think  proper  to  authorise  to  assist  in  the 
deliberations,  and  in  the  conclusion  and  signing  of  the 
treaty.  His  Majesty  trusts  that  Congress  will  perceive  the 
inestimable  value  of  time  in  a  juncture  so  critical  and  so 
important ;  and  that  the  injuries  caused  by  any  delay 
would  be  irreparable  both  to  the  alliance  and  the  allies. 
In  complying  with  the  invitations  of  the  King,  the  United 
Stales  would  regard  equally  their  dignity  and  their  inter 
ests.  The  place  of  the  negotiation  is  fixed  at  Madrid. 

His  Majesty,  while  engaging  in  everything  that  can 
hasten  the  happy  moment  in  which  America  can  enjoy, 
peaceably,  internal  and  external  prosperity,  which  is  the 
object  of  the  revolution  and  the  limit  of  his  Majesty's 
wishes,  has  instructed  the  undersigned  to  suggest  to  Con 
gress,  that  at  a  time  in  which  they  are  employed  in  fixing 
their  political  existence,  it  seems  to  belong  to  their  fore 
sight  to  consider  the  sentiments  of  the  States  as  to  the 
peace  in  relation  to  Spain,  and  they  will  perhaps  think, 
that,  the  means  of  preventing  ali  future  discontents  merits 
their  attention,  and  ought  to  be  one  of  the  subjects  of  the 
positive  and  definite  instructions,  which  the  States  will  give 
for  the  conclusion  of  the  peace. 

GERARD, 


DIPLOMATIC  CORRESPONDENCE. 


February  IZth.  The  President  was  directed  to  inform 
the  Minister,  that  Congress  will  take  the  subject  of  his 
memorials  of  the  9th  into  immediate  consideration,  and 
that  if  he  wishes  to  communicate  anything  farther  to  them, 
Congress  will  receive  the  same  from  him  in  a  private  au- 
dience.  And  it  was  at  the  same  time  resolved,  that  all 
private  audiences  g'ven  to  foreign  Ministers  be  held  in  a 
committee  of  the  whole. 

February  \5th.  The  President  acquainted  the  House, 
that  pursuant  to  their  order,  he  had  informed  the  Minister 
of  France,  that  Congress  will  take  his  memorials  of  the 
9th  into  immediate  consideration,  and  that  it  he  wishes  to 
communicate  anything  farther  to  them,  Congress  will  re 
ceive  the  same  in  a  private  audience  ;  that  the  Minister 
wished  to  make  further  communications  to  Congress,  and 
would  attend  the  House  at  twelve  o'clock  this  day. 

The  Minister,  agreeably  to  his  appointment,  was  intro 
duced,  and  had  a  free  conference  with  Congress,  in  which 
lie  represented  the  present  state  of  affairs  in  Europe,  the 
dispositions  of  the  Spanish  Court,  and  the  measures  it  was 
about  to  take  in  order  to  restore  peace  ;  from  thence  he 
took  occasion  to  press  upon  Congress  the  necessity  of 
having  a  Minister  in  Europe  properly  empowered  and  in 
structed.  He  further  signified,  that  it  was  the  desire  of  his 
Most  Christian  Majesty,  that  the  United  States  would 
speedily  put  themselves  in  a  condition  to  take  that  part  in 
the  negotiation  for  peace  apparently  about  to  take  place, 
which  their  dignity  and  interest  required  ;  and  that  they 
should  lay  a  solid  foundation  far  obtaining  a  speedy  peace 
agreeably  to  the  terms  of  the  treaty,  by  giving  their  Pleni 
potentiary  the  most  ample  instructions  and  full  powers. 
This  he  enforced  by  sundry  arguments,  and  pressed  the 
utmost  despatch. 


272  GERARD. 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  March  14th,  1779. 
Sir, 

The  Minister  Plenipotentiary  of  France,  undersigned, 
does  not  doubt  that  the  committee,  charged  on  the  part  of 
Congress  to  persuade  the  undersigned  to  keep  the  rate 
of  exchange  at  nine  hundred  per  cent,  in  order  to  stop  the 
farther  depreciation  which  circumstances  threatened,  has 
reported  the  answer  which  the  said  Minister  gave  on  this 
subject ;  but  as  the  undersigned  is  still  ignorant  of  the 
manner  in  which  Congress  has  received  this  answer,  he  is 
the  more  desirous  of  being  informed  of  it,  as  he  must  give 
an  account  to  his  Court  of  the  success  of  the  course  which 
he  has  adopted,  and  as  the  agent  of  the  royal  navy  has, 
till  this  time,  confined  himself  to  the  rule  proposed  on  the 
part  of  Congress,  without  any  return  to  the  interests  of  his 

Majesty. 

GERARD. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  March  16th,  1779. 
Sir, 

The  Minister  Plenipotentiary  of  France,  being  about 
to  send  M.  de  Maulcon  to  New  York  to  effect  the 
exchange  of  the  French  prisoners,  who  arc  detained  there, 
takes  the  liberty  to  request  the  Congress  of  the  UniteTd 
States  of  America  to  have  the  goodness  to  allow  them  the 


DIPLOMATIC  CORRESPONDENCE.  973 

same  facilities  as  heretofore,  by  charging  their  Commis 
sioners  to  receive  them  on  their  landing  at  Elizabethtown 
and  New  London,  and  from  thence  as  far  as  Philadelphia 
or  Boston,  and  to  give  them,  at  the  expense  of  his  Most 
Christian  Majesty,  the  same  treatment  which  American 
prisoners  receive. 

GERARD. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  March  17th,  1779. 
Sir, 

The  Minister  Plenipotentiary  of  France  has  the 
honor  to  remind  the  Congress  of  the  United  States  of 
North  America,  that  in  executing  for  five  months  the 
instructions  with  which  he  has  been  charged  by  the 
King,  his  master,  in  relation  to  the  present  state  of 
affairs,  the  undersigned  has  expressed  his  Majesty's 
desire,  that  the  United  States  should  quickly  put 
themselves  in  a  situation  to  take,  in  the  negotiation  for 
peace  which  seems  on  the  point  of  taking  place,  the 
part  which  their  dignity  and  their  interests  require, 
and  that  they  should  lay  firm  foundations  for  obtaining 
a  speedy  pacification  conformable  to  the  terms  of  the 
alliance,  by  giving  to  their  Plenipotentiary  instruc 
tions  the  most  ample,  and  powers  the  most  extensive. 
It  is,  in  fact,  impossible  to  be  too  economical  of  time, 
when  a  correspondence  is  carried  on  at  so  great  a  dis 
tance,  upon  a  business  so  important  and  so  liable  to  be 
changed  by  many  incidents  impossible  to  be  foreseen. 
These  observations  have  still  greater  force,  when  the 
VOL.  x.  35 


274  GERARD. 

opening  of  the  campaign  is  approaching,  and  when  the 
greatest  celerity  alone  can  anticipate  the  moment  of  it. 
Every  day's  delay  increases  the  obstacles  to  the  suc 
cess  of  the  advantageous  plans,  which  the  King  has 
communicated  to  the  United  States.  To  prolong  the 
deliberation  upon  peace  may  be  to  reject  it.  His  Ma 
jesty,  who  thinks  that  he  has  deserved  the  confidence 
of  the  United  States,  believes,  moreover,  that  he  has  a 
right,  after  the  assurances  which  Congress  have  so 
often  repeated  with  regard  to  the  uniformity  of  senti 
ments  on  the  subject  of  his  alliance  with  the  United 
States,  to  hope  that  this  subject  will  be  treated  with 
the  promptness  which  the  juncture  requires. 

The  indulgence  with  which  Congress  has  received 
the  reflections  of  the  undersigned  authorises  him  to 
submit  these  to  their  wisdom  and  prudence.  He  adds, 
that  there  may  be  reason  to  fear  that  longer  delays 
may  give  rise  to  suspicions,  and  authorise  the  asser 
tions  which  have  been  made  in  Europe,  respecting  a 
division  of  opinions  and  sentiments  prevailing  in 
Congress,  and  strengthen  the  hope  which  the  enemy 
continues  to  entertain  of  fomenting  this  domestic  dis 
cord,  and  at  the  same  time  of  exciting  distrust  be 
tween  the  allies  by  pretending  to  treat  with  each  of 
the  States  singly,  in  order  to  take  them  separately  in 
the  snare  of  their  credulity,  and  to  deprive  them  of 
the  mutual  support  which  they  derive  from  their 
union.  It  is,  moreover,  well  known,  that  the  prelimi 
nary  condition  of  the  Court  of  London  to  the  United 
States  would  be  to  renounce  the  alliance  formed  with 
France,  to  form  an  offensive  coalition,  and  to  restrain 
the  commerce  of  America.  The  undersigned  is  very 


DIPLOMATIC  CORRESPONDENCE.  275 

far  from  believing,  that  the  wisdom  and  rectitude  of 
Congress  do  not  protect  them  from  the  effects  of  this 
insidious  policy  ;  but  their  glory  and  interests  seem  to 
require,  that  they  should  prevent  the  farther  establish 
ment  of  an  opinion,  which,  more  than  anything  else, 
will  contribute  to  support  the  false  expectation  and  the 
obstinacy  of  the  common  enemy. 

GERARD. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia.  March  3ist,  l?79. 

Sir, 

1  have  the  honor  to  inform  you,  that  the  season 
proper  for  my  departure  for  France  is  coming  on,  and 
I  take  the  liberty  to  request  you  to  persuade  Congress 
to  hasten  the  time  of  it  as  much  as  possible.  Even  if 
my  health  did  not  require  this  voyage,  circumstances 
would  have  induced  me  to  undertake  it,  because  I  per- 
'ceive  how  important  it  is  for  the  common  cause,  that 
in  the  present  situation  of  affairs,  those  men  alone, 
who  are  informed  of  the  actual  state  of  things  and 
opinions  in  America,  and  who  enjoy  an  unlimited 
confidence,  should  be  employed  in  this  negotiation. 

Besides,  Sir,  as  I  must  presume  from  the  wisdom  of 
Congress,  that  they  have  made  the  same  reflections, 
that  they  have  fixed,  or  will  fix  the  choice  of  their 
Minister  or  Ministers  Plenipotentiary,  in  consequence 
of  what  they  must  also  have  felt,  that  the  only  way  of 
proceeding  is  to  choose  persons,  who  should  enjoy  the 
fullest  confidence  of  the  allied  or  friendly  Courts,  and 


276  GERARD. 

to  furnish  them  with  the  fullest  and  most  extensive 
powers.  In  this  case  it  will,  in  my  opinion,  be  proper 
that  I  should  depart  with  one  or  more  of  your  Minis 
ters,  and  it  is  an  additional  motive  for  urging  this 
whole  arrangement,  with  which  your  own  interest 
inspires  me,  by  increasing  my  eagerness  to  go  where 
I  shall  think  myself  happy  to  announce,  that  union 
and  unanimity  prevail  in  America. 

Moreover,  Sir,  I  request  you  to  inform  me  in  what 
manner  Congress  will  judge  proper  that  I  should  take 
my  leave,  with  regard  to  the  secrecy,  which  I  endeavor 
to  keep  as  to  my  speedy  departure.  I  also  flatter  my 
self,  that  if  they  shall  think  proper  to  give  me  any 
commission,  they  will  rely  upon  my  carrying  into 
France  the  same  zeal  for  the  interests  of  the  United 
States  and  of  the  common  cause,  of  which  I  have 
sought  to  give  proofs  during  my  residence  in  America. 

I  have  the  honor  to  be,  with  respect  and  esteem, 
Sir,  your  most  obedient  humble  servant, 

GERARD. 


TO  THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Mount  Pleasant,  April  6th,  1779 

Sir, 

I  have  the  honor  of  sending  you  the  abstract  of 
news,  which  I  have  just  received  from  Martinique.  It 
is  not  very  interesting,  but  it  will  at  least  make 
known  the  present  state  of  things.  I  send  at  the  same 
time  a  paper  relative  to  a  financial  operation,  which  has 
been  performed  in  France.  I  request  you  to  send  it 


DIPLOMATIC  CORRESPONDENCE.  277 

back  to   me  again,  and   to  accept   the   sentiments  of 
respect  with  which  I  have  the  honor  to  be,  Sir,  &c. 

GERARD. 


•Abstract    of  several  Letters,  dated   Martinique,  Febru 
ary  25th. 

"The  King's  vessels,  Robuste  of  seventyfour  guns, 
commanded  by  the  Count  de  Grasse,  commander  of  the 
squadron  ;  Magnifique  of  seventyfour,  by  M.  de 
Branche  ;  Dauphin  Royal  of  seventy,  by  M.  de  Mit- 
ton  ;  and  Vengeur  of  sixty  four,  by  M.  de  Retz,  having 
sailed  from  Brest  the  14th  of  January,  arrived  at  Fort 
Royal  the  20th  of  this  month.  They  had  on  board  the 
second  field  regiment,  eight  hundred  and  fifty  recruits, 
and  a  company  of  miners." 

March  6th.  "We  learn  that  Admiral  Byron  has  on  his 
part  also  received  a  reinforcement,  but  we  do  not  know 
the  force  of  it.  He  has  not  yet  undertaken  any  operation. 
He  has  only  twice  sailed  out  with  some  ships,  but  he  re 
turned  the  day  after.  It  is  true,  that  he  has  not  troops 
enough  to  make  conquests  and  to  preserve  them.  Sick 
ness  continues  to  make  great  ravages  among  those  that  are 
at  St  Lucia." 

March  9th.  "The  convoy  from  France,  so  much 
wished  for,  has  just  arrived,  attended  by  many  vessels. 

"The  islands  of  St  Martin  and  St  Bartholomew,  which 
the  English  had  taken  from  us,  have  just  been  retaken 
without  much  exertion  by  three  of  our  frigates,  and  an 
end  put  to  the  triumph,  which  our  enemies  had  reaped 
from  this  easy  conquest. 

"M.   de  Kersin,  the  lieutenant  of  the  ship,  took  two 


278  GERARD. 

prizes  last  week  ;  one  a  merchant  store-ship  called  Eliza, 
armed  with  twentyeight  twelve  pounders.  Her  crew  con 
sisted  of  one  hundred  and  forty  men,  and  her  cargo  of 
provisions  and  sails,  to  the  value  of  twentyfive  thousand 
livres.  The  store-ship  was  sheathed  with  copper.  The 
other  is  a  privateer  of  eighteen  guns,  and  with  a  crew  of 
seventysix  men.  Some  American  privateers  have  sent 
here  two  prizes  coming  from  Halifax,  loaded  with  fish  and 
boards.  The  Minerva  has  also  carried  to  Cape  Francois 
another  English  frigate  of  twentyfour  guns.  The  ability 
of  the  captain  saved  her  from  the  danger  of  being  taken 
by  a  ship  of  war  and  three  frigates,  by  which  she  had  been 
surprised  in  a  calm." 

Baltimore,  April  2d.  "The  captain  of  a  sloop,  which 
has  arrived  in  twentytwo  days  from  Martinique,  reports  that 
sickness  had  made  dreadful  ravages  in  the  English  army 
and  fleet  at  St  Lucia,  that  the  two  squadrons  are  sup 
posed  to  be  nearly  equal  in  force,  that  the  French  frigates, 
are  constantly  at  sea,  often  engaging  with  the  English,  that 
one  of  the  former  has  taken  the  frigate  Liverpool  of 
twentysix  guns,  that  in  other  respects,  the  situation  of  the 
French  is  entirely  satisfactory  to  them,  and  that  they  ap 
pear  to  be  unconcerned  with  regard  to  the  success  of  the 
operations,  which  Admiral  Byron  intends  to  undertake." 

Martinique,  March  14th.  "We  learn  from  France, 
that  news  has  been  received  by  Portuguese  vessels  re 
turned  from  India,  that  the  English  commenced  hostilities 
against  the  French  in  the  month  of  April.  A  ship  of  war 
and  a  frigate  attacked  at  that  time  the  Brilliant,  of  seventy- 
four  guns,  commanded  by  M.  de  Tronjoly,  who  repelled 
the  attack.  We  learn  also,  that  they  are  making  great 
exertions  for  the  repair  and  arming  of  a  force  of  fortyfive 


DIPLOMATIC  CORRESPONDENCE.  279 

privateers,  which  the  royal  navy  has  taken  from  the  Eng 
lish,  and  thai  the  greater  part  of  these  vessels  will  in  a 
short  time  be  ready  to  sail." 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  April  24th,  1779. 
Sir, 

Although  the  undersigned  is  not  invested  with  any 
power  on  the  part  of  his  Catholic  Majesty,  he  hopes  that 
the  Congress  of  the  United  States  of  North  America, 
knowing  the  closeness  of  the  union  subsisting  between  his 
Catholic  and  his  Most  Christian  Majesty,  will  not  be  sur 
prised  if  the  Minister  of  France  has  the  honor  to  submit 
to  them  the  representations,  which  two  captains  of  Spanish 
vessels  have  made  to  Don  Juan  de  Mirales.  The  facts  on 
which  these  representations  rest  are  contained  in  the  an 
nexed  memorial,  being  taken  from  the  letters  of  the  cap 
tains.  In  a  short  time,  the  proceedings,  and  the  act  of 
appeal  relating  to  one  of  the  Spanish  ships,  whose  cargo 
has  been  confiscated,  will  be  laid  before  Congress,  as  well 
as  the  papers  relating  to  the  second  ship,  if  this  suffers 
the  same  fate ;  in  order  to  implore  the  justice  of  Congress. 
Meanwhile  it  has  been  thought  proper  to  communicate  the 
facts  to  Congress,  in  order  that  they  may  be  pleased  pre 
viously  to  examine  this  affair,  on  which  we  are  persuaded 
that  they  will  be  pleased  to  bestow  the  greater  attention,  as 
it  involves  the  observance  of  a  law  generally  adopted  by 
commercial  nations,  for  the  maintenance  of  the  public  se 
curity  upon  the  sea,  as  well  as  of  the  right  of  neutrality, 
which  affects  the  interests  of  the  United  States,  as  much 


280  GERARD. 

and  more  than  those  of  any  other  nation,  and  in  order  not 
to  give  just  cause  of  discontent  to  a  power  like  Spain,  by 
violating  the  immunity  and  dignity  of  her  flag,  and  by  de 
priving  her  subjects  of  their  property  without  cause  or 
pretext.  GERARD. 

Memorial  respecting   two  Spanish  Vessels. 
Translation. 

Memorial  or  relation  of  the  injury  sustained  by  two 
Captains  of  Spanish  merchantmen,  which  had  sailed,  the 
one  from  the  river  of  London,  loaded  with  merchandise 
for  Cadiz,  on  the  account  and  at  the  risk  of  Spanish  mer 
chants  ;  and  the  other  from  the  port  of  Cadiz,  loaded 
with  wines,  fruits,  cochineal,  and  other  articles,  of  the 
growth  of  the  Spanish  territory,  belonging  also  to  Span 
iards,  bound  for  London.  These  two  vessels  were  stop 
ped  by  two  different  privateers,  carrying  the  flag  of  the 
United  States  of  America,  and  brought  the  one  to  New- 
bury  and  the  other  to  Beverly,  and  then  on  the  demand 
of  the  owners  of  the  privateer,  the  cargo  of  one  of  them 
was  declared  a  lawful  prize  at  Boston,  the  28th  of  last 
March.  They  were  on  the  point  of  passing  sentence  on 
the  other  at  the  same  place,  and  not  doubling  that  it  will 
suffer  the  same  fate  as  the  first,  according  to  the  letters 
written  by  the  said  Captains  from  the  said  port  of  Boston 
to  Don  Juan  de  Mirales,  one  of  which  is  without  date,  and 
the  other  bearing  date  of  the  3d  of  this  month,  he  has  the 
honor  to  impart  their  contents  to  his  Excellency  M.  Gerard, 
Minister  Plenipotentiary  of  the  Court  of  France  to  the 
United  States  of  America,  requesting  him  to  have  the 
goodness  to  lay  the  information  before  the  honorable  Con- 


DIPLOMATIC  CORRESPONDENCE.  281 

gress  of  the  said  States,  in  order  to  obtain  all  the  satisfac 
tion  due  to  the  honor  of  the  flag  of  his  Catholic  Majesty, 
his  master,  in  conformity  to  the  tenor  of  Articles  14th, 
15th,  25th,  and  26th,  of  the  treaty  of  alliance  and  com 
merce,  between  his  Most  Christian  Majesty  and  the  said 
States  of  America,  signed  the  6th  of  February,  1778. 
He  asks  also  for  the  punishment  of  the  infringers  of  the 
treaty,  or  captors,  and  requests  that  the  Judges  may  be 
punished,  who  have  unjustly  condemned  and  sentenced  as 
a  lawful  prize  the  said  cargo ;  and  provided  that  the  other 
vessel  has  met  with  the  same  fate,  to  sentence  them  to 
the  payment  of  all  the  indemnities,  expenses,  damages, 
and  losses,  resulting  from  the  injury  sustained  by  the  said 
vessels,  and  the  interruption  of  their  voyages,  besides  the 
injury  which  this  occasions  to  the  proprietors  of  the  same ; 
and  this,  seeing  that  at  the  time  in  which  they  were  stop 
ped,  his  Majesty  the  King  of  Spain  was  at  peace  with  all 
.the  powers  of  Europe,  and  consequently  had  no  enemy 
to  fear ;  whereas  it  is  possible  that  since  that  time,  the 
state  of  peace  between  the  Court  of  Spain  and  other 
powers  may  have  changed,  or  will  change,  before  the  said 
Spanish  vessels  can  perform  the  voyages  for  which  they 
were  designed ;  and  also  the  decay  of  the  vessels  and  of 
the  merchandise  with  which  they  were  loaded,  and  the 
great  risk  offered  by  a  voyage  from  this  continent  to  any 
European  port,  &tc.  &ic.  to  wit ; 

Captain  Joseph  Llanos,  by  his  letter  without  date, 
(although  there  can  be  no  doubt  that  it  comes  from  Boston) 
says,  that  he  sailed  from  London  with  his  vessel,  (without 
mentioning  its  name)  belonging  to  Don  Philip  Aguixxe 
de  San  Fadder,  loaded  with  merchandise  for  Cadiz, 
amounting  to  nearly  two  hundred  thousand  current  piastres, 
VOL.  x.  36 


232  GERARD, 

and  that  in  the  course  of  his  voyage  he  was  stopped  by  a 
privateer  schooner  of  Nevvbury,  called  the  Success,  Felix 
Trask  Captain,  belonging  to  Nathaniel  Tracy  of  said  New- 
bury,  and  forcibly  brought  to  this  place,  notwithstanding, 
that  he  assured  the  said  Captain  Tracy,  that  the  cargo 
belonged  entirely  to  Spaniards,  and  that  he  was  convinced 
of  it  by  the  bills  of  laden  found  on  board,  notwithstanding 
which,  that  the  said  cargo  has  been  sentenced  as  a  lawful 
prize,  although  the  papers  exhibit  no  fraud ;  as  will  be 
seen  by  the  process,  which  is  copied  in  order  to  be 
presented  to  the  honorable  Congress,  to  which  appeal  is 
made. 

The  Captains  claim  the  protection  of  the  honorable 
Congress,  that  of  his  Excellency  M.  Gerard,  and  that  of 
Don  Juan  de,  Miralles  ;  the  navigation  of  the  Spanish  being 
very  much  injured  by  the  privateers  of  this  continent,  there 
being  three  vessels  belonging  to  this  nation  in  the  same 
situation  as  the  above,  brought  in  by  different  privateers. 
These  three  vessels  also  propose  to  appeal  to  the  honor 
able  Congress,  and  are  resolved  to  defend  the  rights  of 
the  Spanish. 

Captain  Joachin  Garcia  de  Luca,  commander  of  a 
Spanish  ship  with  three  masts,  her  crew  Spanish,  says,  in 
his  letter  dated  at  Boston,  the  3d  of  the  present  month, 
that  he  sailed  from  Cadiz  for  London,  loaded  with  wines, 
oils,  cochineal,  and  fruits,  on  the  account  and  at  the  risk 
of  Spaniards,  and  that  he  was  stopped,  on  the  21st  of  De 
cember,  1778,  whrn  pursuing  his  voyage,  by  a  privateer 
frigate,  with  the  flag  of  the  United  States  of  America, 
which  brought  him  to  Beverly ;  that  having  learned  that 
the  owners  of  the  said  privateer  were  desirous,  that  the 
cargo  of  the  Spanish  vessel  should  be  confiscated,  he  went 


DIPLOMATIC  CORRESPONDENCE.  283 

to  Boston,  where  the  court  of  justice  sits,  before  which  he 
appeared  on  the  2d  of  the  current  month,  not  knowing  at 
that  time,  but  he  should  meet  with  the  same  fate,  which  his 
friend  Don  Joseph  de  Llanos  has  suffered  with  regard  to 
his  cargo,  which  was  condemned  on  the  28th  of  last  March. 

I,  Don  Juan  de  Miralles,  truly  certify,  that  the  above 
was  extracted  from  the  letters  which  the  Spanish  Captains, 
Don  Joseph  de  Llanos  and  Joachin  Garcia  de  Luca,  wrote 
to  me,  and  which  I  received  on  the  19th  current,  at  eight 
o'clock  in  the  evening. 

DON  JUAN  DE  MIRALLES. 

Philadelphia,  Aprils,  1778. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  May  3d,  1779. 
Sir, 

The  Minister  Plenipotentiary  of  France  has  learnt,  by 
despatches  from  his  Court  under  date  of  the  25th  of  De 
cember,  that  the  negotiation,  which  has  been  the  subject 
of  the  overtures  which  the  said  Minister  has  had  the  honor 
to  make  to  the  Congress  of  the  United  States  of  North 
America  for  nearly  three  months,  continues,  and  that  his 
said  Court  earnestly  desires,  that  Congress  would  be 
pleased  to  take  prompt  measures  to  take  part  in  the  said 
negotiation,  as  soon  as  circumstances  shall  have  brought  it 
to  its  proper  state  of  advancement,  which  may  happen  at 

any  moment. 

GERARD. 


284  GERARD 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

May  4th,  1779. 

"The  Minister  of  France  delivered  to  the  President  a 
letter  from  the  King  of  France,  with  the  following  note." 

The  custom  in  Holland,  for  sending  to  the  States-Gen 
eral  the  letters  by  which  the  King  notifies  them  of  mar 
riages  or  births,  is  to  give  them  to  the  President  of  the 
week,  who  then  goes  to  the  house  of  the  Ambassador,  or 
Minister  of  the  King,  to  compliment  him  in  the  name  of 
the  States-General,  upon  the  event  which  forms  the  subject 
of  the  letters  of  notification. 

^  GERARD. 

PROM    THE    KING    OP    FRANCE    TO    CONGRESS. 

Translation. 

Very  dear,  and  great  Friends  and  Allies, 
We  do  not  delay  informing  you  of  the  birth  of  the  Prin 
cess,  to  whom  the  Queen,  our  very  dear  consort,  has  just 
happily  given  birth.  Our  confidence  in  your  friendship 
does  not  permit  us  to  doubt  your  interest  in  this  event,  nor 
your  participation  in  the  satisfaction  which  we  derive  from 
this  first  fruit  of  the  divine  blessing  on  our  marriage. 

The  interest  that  we  take  in  the  prosperity  of  your 
Republic  is  our  warrant  for  the  pleasure,  which  we  have 
in  repeating  to  you  the  assurances  of  our  esteem,  and  of 
our  constant  affection.  Moreover,  we  pray  God,  that  he 
may  keep  you,  very  dear  and  great  friends  and  allies, 
under  his  holy  and  worthy  protection. 

LOUIS. 
Written  at  Versailles,  December  19th,  1778. 


DIPLOMATIC  CORRESPONDENCE.  285 

"This  letter  being  read,  the  President,  with  a  committee 
consisting  of  one  member  from  each  State,  was  immedi 
ately  to  wait  upon  the  Minister,  and  in  the  name  of  the 
United  States  to  congratulate  him  upon  the  birth  of  the 
Princess.  A  committee  was  also  appointed  to  prepare  the 
draft  of  an  answer  to  his  Majesty's  letter." 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  May  6th,  1779. 
Sir, 

The  anxiety  of  the  undersigned,  Minister  Plenipoten 
tiary  of  France,  for  the  maintenance  of  the  most  perfect 
harmony,  and  the  care  which  he  has  been  in  the  habit  of 
taking  from  the  commencement  of  the  alliance  to  establish 
such  a  confidence,  as  can  alone  maintain  it  and  conduce  to 
its  prosperity,  do  not  allow  him  to  conceal  from  the  Con 
gress  of  the  United  States  the  perplexity  under  which  he 
labors,  with  regard  to  informing  his  Court  of  the  delays 
which  the  negotiation,  commenced  in  the  month  of  Feb 
ruary  last,  meets  with.  It  must  be  allowed,  that  no  affair 
so  important  and  so  pressing  ever  experienced  so  much 
delay,  and  the  undersigned  declares,  that  he  can  see  no 
reason  for  warning  France  and  Spain  against  the  sinister 
interpretations,  with  which  attempts  are  made  to  inspire 
them  in  regard  to  this  conduct.  The  zeal  and  the  good  will 
of  the  petitioner  do  not  suggest  to  him  any  other  expedient, 
than  that  of  requesting  Congress  to  approve  of  his  having 
the  honor  of  imparting  to  them,  as  he  now  does,  his  per 
plexity  and  embarrassment. 


286  GERARD 

He  adds,  that  the  Court  of  France  has  received  intel 
ligence,  that  England  was  resolved  to  send  a  considerable 
reinforcement  of  troops  to  the  continent  of  North  America, 
and  to  carry  on  the  war  there  with  all  possible  vigor,  in 
order  to  proceed  to  the  conquost  of  America  at  the  same 
time  by  force  and  by  intrigue.  The  King,  in  consequence 
of  his  attention  to  whatever  may  concern  the  security  and 
the  happiness  of  his  allies,  has  ordered  his  Minister  Plen 
ipotentiary  to  communicate  this  intelligence  to  the  Con 
gress  of  the  United  States.  The  undersigned  has  the 
honor  to  perform  this  commission  by  the  present  note. 
He  believes  that  he  should  add,  that  his  Majesty,  adher 
ing  scrupulously  to  the  spirit  and  principles  of  the  alliance, 
which  has  the  independence  of  the  United  States  as  an 
essential  object,  is  always  resolved  to  assist  America  by  all 
the  means,  that  the  resources  of  his  kingdom,  and  the  gen 
eral  state  of  affairs,  will  permit  him  successively  to  devote 
to  this  grand  object,  without  being  turned  from  it  by  the 
idea  of  any  conquest  for  himself. 

It  is  in  consequence  of  these  same  dispositions  and  of  this 
same  disinterestedness,  that  his  Majesty,  although  he  has 
made  no  engagement  to  furnish  supplies  of  money  to  the 
United  States,  and  although  the  active  and  direct  war 
which  he  is  carrying  on  against  the  common  enemy  ab 
sorbs  his  resources,  and  ought  to  exempt  him  from  all 
accessory  and  entirely  voluntary  expenses,  is  desirous  to 
contribute  to  the  re-establishment  of  the  American  finances, 
so  far  as  his  own  necessities  allow  him  to  do  so.  He  has 
thought  that  he  should  partly  fulfil  this  object,  by  securing 
the  payment  of  the  interest  on  the  loans,  which  have  been 
stipulated  to  be  paid  in  France,  presuming  that  the  credit 
of  one  of  the  public  funds  of  the  States  would  effectually 


DIPLOMATIC  CORRESPONDENCE.  287 

contribute  to  the  support  of  the  others,  and  to  the  success 
of  the  measures,  which  the  wisdom  of  Congress  may  adopt 
on  this  subject.  A  society  of  bankers,  established  under 
the  authority  of  the  King,  has  consequently  taken  upon 
itself  to  make  the  necessary  advances,  in  the  form  of  a  loan 
made  to  America.  The  undersigned  has  not  yet  received 
the  exact  details  of  this  arrangement,  but  he  will  have  the 
honor  of  communicating  them,  so  soon  as  he  shall  receive 
them. 

The  confidence  which  the  King  places  in  the  reciprocal 
attachment  of  the  United  States  of  America  to  the  alliance, 
can  alone  induce  him  to  determine  upon  proceedings, 
which  are  useful  only  to  America,  burdensome  to  France, 
and  destitute  of  all  advantage  for  her.  His  Majesty  hopes 
to  receive  reciprocal  proofs  of  these  sentiments  and  feel 
ings,  but  he  neither  demands  nor  expects  anything  for 
himself  on  the  part  of  Congress.  He  only  desires,  that 
the  States  should  employ  all  the  resources  at  their  dis 
posal,  in  order  to  provide  for  their  own  security  and  tran 
quillity. 

GERARD. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  May  9th,  1779. 
Sir, 

The  Minister  Plenipotentiary  of  France,  having  thought 
it  his  duty  to  take  upon  himself  to  inform  the  Count  d'Es- 
taing  of  the  desire,  which  Congress  had  expressed  to  him, 
that  the  King's  squadron  should  come  to  the  assistance  of 
Georgia,  this  Vice- Admiral  has  just  replied,  that  the  supe- 


288  GERARD. 

riority  of  the  enemy  in  the  Islands  had  not  till  this  time, 
permitted  him  to  leave  those  latitudes ;  but  that  in  conse 
quence  of  the  intentions  of  his  Majesty,  which  are,  to  grant 
to  the  United  States,  his  allies,  all  the  assistance  compat 
ible  with  the  security  of  his  own  possessions,  and  with  the 
general  position  of  affairs,  he  proposes  to  sail  immediately 
to  the  Southern  coasts  of  the  States,  and  to  exert  himself 
for  the  deliverance  of  Georgia,  and  the  preservation  of  the 
Carolinas.  From  thence  the  King's  squadron  will  sail 
to  the  mouth  of  the  Delaware,  and  its  further  operations 
will  depend  upon  the  agreement  that  shall  be  made  be 
tween  Congress  and  the  commander  of  his  Majesty's 
forces,  and  will  be  calculated  for  the  greatest  advantage 
of  the  United  States. 

The  undersigned  has  no  doubt,  that  this  new  proof 
of  his  Majesty's  generous  and  disinterested  friendship 
strengthens  the  confidence,  with  which  these  engagements 
and  his  conduct  must  have  inspired  the  governments  and 
people  of  America.  Facts  so  evident  will  serve,  on  the 
other  hand,  to  confound  those  ill-disposed  men,  who,  by 
silent  and  clandestine  insinuations,  destitute  of  all  proof,  and 
of  all  probability,  directed  solely  by  private  views,  and  evi 
dently  opposed  to  the  honor  and  interest  of  the  confeder 
ated  Republic,  seek  to  sow  distrusts  and  jealousies,  of 
which  the  common  enemy  alone  can  reap  the  advantage. 

The  undersigned  must  add  to  the  details  above  given, 
that  it  is  impossible  for  the  Count  d'Estaing  to  carry  pro 
visions  from  Martinique  sufficient  for  the  campaign,  which 
he  proposes  to  make  in  the  seas  of  North  America.  He 
hopes  that  Congress  will  be  pleased  to  give  the  most  pre 
cise  and  effectual  orders  for  their  being  got  in  readiness 
and  placed  on  the  coast,  so  that  the  squadron  may  easily 


DIPLOMATIC  CORRESPONDENCE.  289 

take  them  on  board.  The  undersigned  Minister,  hopes 
that  Congress  will  be  pleased  to  inform  him  successively 
of  what  shall  be  done  on  this  subject,  since  the  said  Min 
ister  must  be  personally  responsible  for  these  measures, 
the  failure  of  which  would  expose  to  the  greatest  misfor 
tunes  the  forces,  which  the  King  has  destined  to  bring 
direct  and  immediate  assistance  to  the  United  States, 
although  his  engagements,  which  he  will  always  scrupu 
lously  fulfil,  do  not  impose  this  duty  on  him. 

GERARD. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  May  9th,  1779. 
Sir, 

When  the  Congress  of  the  United  States  did  me  the 
honor  to  ask  my  concurrence  in  inducing  the  Count  d'Es- 
taing  to  assist  Georgia,  I  asserted,  that  this  Vice-Admiral, 
in  conformity  with  the  intentions  of  the  King,  would  do  all 
that  circumstances  should  permit.  I  proposed  at  the  same 
time  the  means  of  proceeding  to  the  execution  of  this 
plan  ;  but  Congress  observed  an  entire  silence,  and  did  not 
deign  to  inform  me  of  their  resolution.  It  was  only  through 
a  public  channel,  that  I  learned  that  the  plan  was  aban 
doned  ;  but  my  zeal  having  led  me  to  write  previously  to 
the  Count  d'Estaing,  and  having  received  the  answer  of 
this  Vice-Admiral,  I  do  not  think,  Sir,  that  the  interest 
of  the  alliance  and  of  the  United  Slates  allows  me  to  ac/ 
according  to  the  presumed  negative  resolution  of  Congress, 
VOL.  x.  37 


200  GERARD. 

and  I  request    you  consequently  to  submit  to  that  body 
the  annexed  Memorial.* 

I  have  the  honor  to  be,  with  the  highest  esteem,  Sir, 
your  humble  and  most  obedient  servant. 

GERARD. 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation.  * 

Philadelphia,  May  19th,  1789. 
Sir, 

I  take  the  liberty  of  addressing  to  you  a  note  of  Don 
Juan  de  Mifalles,  concerning  the  Spanish  ships  carried 
into  New  England,  and  beg  you  to  lay  it  before  Congress, 
and  to  represent  to  them,  that  there  is  reason  to  fear,  if  the 
appeal  which  the  council  of  Boston  has  reserved  to  itself 
should  be  decided  before  any  measures  be  taken  by  Con 
gress,  the  ships  and  merchandise  will  be  sold,  to  the  irre 
parable  loss  of  the  Spaniards. 

I  have  the  honor  to  be,  with  sentiments  of  the  greatest 
respect,  Sir,  your  most  obedient  humble  servant. 

GERARD. 

MEMORIAL. 

Translation. 

Don  Juan  de  Miralles,  who,  under  date  of  the  21st  of 
April  last,  had  the  honor  to  present  a  Memorial  to  his  Ex 
cellency  M.  Gerard,  Minister  Plenipotentiary  of  the  Court 
of  France  to  the  United  States  of  America,  to  inform  him 
of  the  proceedings  of  different  privateers,  with  the  flag  of 

*  This  Memorial  is  missing. 


DIPLOMATIC  CORRESPONDENCE.  291 

the  said  United  States,  against  three  vessels  lawfully  pro 
vided  with  the  Spanish  flag,  which  had  sailed,  one  of  them 
from  London  for  Cadiz,  and  the  two  others  from  Cadiz 
for  England,  loaded  with  merchandise  belonging,  as  well 
as  the  said  vessels,  to  subjects  of  his  Catholic  Majesty,  his 
master,  which  have  been  carried  into  different  ports  of 
New  England,  under  the  jurisdiction  of  the  Province  of 
Massachusetts,  and  that  the  respective  indictments  have 
been  drawn  against  them  before  the  Court  of  Admiralty  of 
the  city  of  Boston,  where  the  cargo  of  one  of  the  said  ves 
sels  which  sailed  from  London  has  been  condemned,  to 
the  profit  of  the  owners  and  crew  of  the  privateer  which 
captured  her ;  another  of  the  said  vessels,  which  sailed 
from  Cadiz,  has  also  been  condemned,  and  there  is  no 
doubt  that  the  third  has  suffered  or  will  suffer  the  same 
fate. 

Don  Joseph  de  Llanos,  Captain  of  the  vessel  which 
sailed  from  London,  and  Don  Joachin  Garcia  de  Luca, 
of  the  other  which  sailed  from  Cadiz,  which,  as  has  been 
said,  have  been  condemned,  have  sent  me  an  express,  with 
copies  of  the  said  proceedings,  which  I  have  had  the  honor, 
in  concurrence  with  the  said  M.  Gerard,  and  in  his  pre 
sence,  to  deliver  to  his  Excellency  the  President  of  the 
Honorable  Congress,  who  was  so  kind  as  to  receive  them, 
and  to  offer  to  lay  them  before  the  Honorable  Congress, 
in  order  that  it  may  take  into  consideration  an  affair  of  so 
great  consequence,  and  be  pleased  to  order  what  is  just, 
as  well  as  it  regards  the  interest  of  the  proprietors  of  the 
vessels  and  cargoes,  as  the  honor  due  to  every  neutral  flag, 
and  particularly  to  that  of  his  Catholic  Majesty. 

Having  learnt,  that  considering  that  the  said  court  of 
Boston  has  not  agreed  to  grant  to  the  said  condemned 


292  GERARD. 

Captains  the  appeal,  which  they  have  made  from  their  sen 
tences  to  the  said  Honorable  Congress,  and  which  has 
only  been  referred  to  the  Supreme  Court  of  the  said  Prov 
ince  of  Massachusetts,  they  are  to  judge  the  said  indict 
ment  definitively,  in  the  last  resort,  and  that  there  is  no 
doubt  that  the  first  sentences  pronounced  by  the  Court  of 
Admiralty  of  Boston  will  be  confirmed ;  the  said  Don 
Juan  de  Miralles  earnestly  requests  his  Excellency,  the  said 
M.  Gerard,  that  he  would  be  pleased  to  interpose  his  influ 
ence  and  his  mediation  with  the  said  Honorable  Congress, 
in  order  that  it  may  have  the  goodness  to  pass  a  resolution 
ordering  the  said  Supreme  Court  of  Massachusetts,  and 
every  other  tribunal,  to  suspend  every  proceeding  and 
determination  with  regard  to  the  aforesaid  three  Spanish 
vessels  and  their  cargoes,  until  the  said  Honorable  Con 
gress  shall  have  decided  definitively  on  this  affair,  and  that 
this  may  be  done  soon,  so  that  the  order,  which  it  may 
be  pleased  to  give,  may  arrive  at  Boston  before  the  said 
5th  of  June  next,  which  is  the  time  at  which  the  said 
causes  are  to  be  judged  definitively  and  in  the  last  resort. 

JUAN  DE  MIRALLES. 
Philadelphia,  May  18,  1779. 


The  foregoing  letter  from  the  Minister  of  France,  to 
gether  with  that  of  Don  Juan  de  Miralles,  was  referred  to 
Mr  Burke,  Mr  Duane,  and  Mr  Lovell,  who  on  the  22d 
delivered  in  a  report,  and  thereupon  Congress  passed  the 
following  resolution. 

Resolved,  That  the  resolutions  of  Congress  passed  the 
6th  day  of  March  last,  relative  to  the  control  of  Congress, 
by  appeal  in  the  last  resort,  over  all  jurisdictions  for  decid- 


DIPLOMATIC  CORRESPONDENCE.  293 

ing  the  legality  of  captures  on  the  high  seas,  be  immedi 
ately  transmitted  to  the  several  States,  and  that  they  be 
respectively  requested  to  take  effectual  measures  for  con 
forming  therewith. 

Resolved,  That  the  following  letter  be  written  to  the 
Minister  Plenipotentiary  of  France,  and  signed  by  the 
President. 

"Sir, 

"Congress  having  taken  into  consideration  your  letter  of 
the  19th  of  this  month,  I  am  directed  to  assure  you,  thai 
as  soon  as  the  matter  shall  in  due  course  come  before 
them,  they  will  attend  very  particularly  to  the  cases  of  the 
vessels,  stated  in  the  note  from  Don  Juan  de  Miralles,  to 
have  been  sailing  under  the  flag  of  his  Catholic  Majesty, 
and  captured  by  armed  vessels  under  the  flag  of  the  United 
States,  and  that  they  will  cause  the  law  of  nations  to  be 
most  strictly  observed ;  that  if  it  shall  be  found  after  due 
trial,  that  the  owners  of  the  captured  vessels  have  suffered 
damage  from  the  misapprehension  or  violation  of  the  rights 
of  war  and  neutrality,  Congress  will  cause  reparation  to  be 
made,  in  such  a  manner  as  to  do  ample  justice,  and  vindi 
cate  the  honor  of  the  Spanish  flag.  That  Congress  have 
every  possible  disposition  to  cultivate  the  most  perfect  har 
mony  with  his  Catholic  Majesty,  and  to  encourage  the 
most  liberal  and  friendly  intercourse  between  his  subjects 
and  the  citizens  of  these  United  States. 

"But  they  cannot  consistently  with  the  powers  intrusted 
to  them,  and  the  rights  of  the  States  and  of  individuals,  in 
any  case  suspend  or  interrupt  the  ordinary  course  of  jus- 


294  GERARD. 

TO    THE    PRESIDENT   OF    CONGRESS. 

Translation. 

Philadelphia,  May  22d,  1779. 

Sir, 

The  Minister  Plenipotentiary  of  France,  not  having 
been  hitherto  informed  by  Congress  of  the  result  of  their 
deliberations  upon  the  important  overtures,  which  have 
formed  for  more  than  three  months  the  constant  subject 
of  his  representations,  has  reason  to  presume,  that  the 
resolutions  relative  to  them  have  not  yet  been  passed. 
Delays,  so  long  and  so  unnatural,  in  a  matter  ?o  clear,  and 
in  a  juncture  which  requires  so  much  celerity,  and  which 
so  essentially  concerns  the  United  States,  have  rendered 
the  undersigned  apprehensive  lest  some  doubt  had  arisen, 
either  as  to  the  main  point  of  the  matter,  or  as  to  the  man 
ner  of  proceeding,  or  as  to  the  dispositions  and  views  of 
the  King  ;  and  as  the  said  Minister  is  instructed  to  conceal 
from  Congress  nothing  that  can  be  useful  to  the  interests  of 
the  United  States,  he  asks  permission  to  submit  to  them  the 
summary  of  the  most  essential  things,  which  seemed  to  him 
to  deserve  attention  in  the  further  course  of  its  deliberations. 

It  is  well  known,  that  the  direct  and  essential  object  of 
the  alliance,  which  subsists  between  his  Most  Christian 
Majesty  and  the  United  States,  is  to  maintain  effectually 
the  liberty ,  the  sovereignty,  and  the  independence,  absolute 
and  unlimited,  of  the  said  States,  as  well  with  respect  to 
government  as  to  commerce,  and  consequently,  the  territo 
rial  rights  belonging  to  sovereignty.  To  this  object  all  the 
efforts  and  proceedings  of  the  King  are  constantly  tending. 
It  is  in  order  to  attain  it,  and  to  procure  for  the  people  of 


DIPLOMATIC  CORRESPONDENCE.  395 

America  the  power  of  this  valuable  independence,  and  the 
cessation  of  the  evils  and  dangers  under  which  an  active 
and  obstinate  war  makes  them  groan,  that  his  Majesty  has 
undertaken  a  difficult  and  expensive  war  against  England, 
without  any  view  of  personal  interest,  and  even  with  the 
refusal  of  the  advantages  which  the  United  States  appeared 
ready  to  grant  him.  He  has  already  given  brilliant  proofs, 
that  his  friendship  does  not  confine  itself  to  the  mere  ful 
filment  of  his  engagements.  He  is  in  fact  disposed  to  give 
to  the  United  States  all  the  assistance  compatible  with  the 
situation  of  his  own  affairs,  and  with  the  general  state  of 
things,  and  he  regards  the  interests  of  the  United  States  as 
his  own,  in  everything  that  relates  to  the  object  of  the  alli 
ance,  and  that  is  conformable  to  the  invariable  principles 
on  which  his  reciprocal  connexions  with  the  United  States 
are  founded.  It  is  in  consequence  of  his  attention  to  exe 
cute  literally  the  treaty  of  alliance,  that  he  has  not  lost  a 
moment  in  informing  Congress  of  the  overtures  relative  to 
the  projected  pacification,  in  entreating  them  to  take  with 
out  delay  that  part  in  this  negotiation,  which  the  dignity  and 
interests  of  the  United  States  require.  He  has  moreover 
repeated  to  Congress  the  promise,  that  he  would  not  treat 
with  the  common  enemy,  without  making  it  a  primary  and 
essential  condition,  that  the  independence  of  the  United 
States  should  be  acknowledged,  conformably  to  the  stipu 
lations  of  the  treaty  of  alliance.  His  Majesty  has  at  the 
same  time  ordered  his  Minister  Plenipotentiary  to  lay 
before  Congress  some  considerations  relative  to  the  state 
of  affairs,  and  particularly  to  observe  to  them,  that  the  alli 
ance,  unless  victorious,  cannot  dictate  terms  to  the  com 
mon  enemy.  The  undersigned  has  executed  these  orders 
either  verbally  or  in  writing. 


296  GERARD. 

It  is  evident  then,  that  his  Majesty  desires  only  the  tran 
quillity  and  prosperity  of  America,  upon  the  foundation  of 
an  honorable  and  firm  peace,  conformable  to  the  stipula 
tions  of  the  treaty  of  alliance.  He  rejects  every  idea  of 
conquest  and  acquisition  of  territory  for  himself.  In  order 
promptly  to  attain  this  advantageous  object,  and  to  fulfil 
his  engagements,  he  is  disposed  to  carry  on  the  war  with 
vigor,  if  the  common  enemy  refuses  the  pacific  system, 
which  his  Majesty  has  announced  to  the  whole  world,  and 
which  the  United  States  adopted  on  signing  the  alliance. 
But  in  case  that  the  perseverance  of  the  Court  of  London 
in  the  desire  to  subdue,  or  to  conquer  America,  should 
prolong  the  calamities  of  the  war,  his  Majesty  will  consider 
himself  at  liberty  to  concert  with  the  United  States  all  the 
further  measures  adapted  to  this  new  order  of  things,  and 
conformably  to  the  mutual  interests  of  the  allies  and  of  the 
common  cause.  It  is  thus  that  the  King  fulfils,  and  pro 
poses  to  fulfil,  the  duties  resulting  from  Articles  1st  and 
8th  of  the  treaty  of  alliance,  by  urging  on  one  side  the 
United  States  to  participate  in  the  negotiation,  which  can 
conduct  to  the  conclusion  of  a  truce  and  of  a  peace,  by 
making  common  cause  with  the  said  States,  and  on  the 
other  side,  by  enabling  the  two  allies  mutually  to  assist 
each  other  by  their  good  offices,  their  councils,  and  their 
forces,  as  circumstances  may  require  ;  in  fine,  by  showing 
his  perseverance,  conformably  to  Article  8th,  in  the  res 
olution  not  to  lay  down  arms  till  independence  shall  have 
been  formally  or  tacitly  acknowledged.  But  as  this  last  stip- 
ujation  limits  his  Majesty's  engagements  on  this  subject 
to  the  very  time  of  this  acknowledgment,  if  England  im 
mediately  agrees  to  this  essential  condition,  his  Most  Chris 
tian  Majesty  will  have  fulfilled  all  his  positive  and  direct 
en<rasrenoents  in  relation  to  the  conclusion  of  peace. 


DIPLOMATIC  CORRESPONDENCE.  397 

It  follows  from  these  observations, 

1st.  That  the  King  has  engaged  to  procure  for  the 
United  States,  by  means  of  arms,  the  acknowledgment  of 
their  independence,  and  that  his  Majesty  is  faithful  to  fulfil 
this  obligation,  and  even  disposed  to  lend  them  assistance, 
to  which  he  is  not  obliged  by  the  treaty. 

2dly.  That  he  has  made  no  other  engagements  than 
those  expressed  in  the  stipulations  of  the  treaty. 

3dly.  That  the  United  States  have  neither  title  nor 
right  to  require  anything  more,  and  that  if  they  wish  to 
persuade  him  to  further  engagements,  it  can  only  be  vol 
untary  on  his  part,  and  by  uniting  reciprocal  counsels,  con 
formably  to  the  expression  of  Article  1st  of  the  treaty,  and 
as  is  proper  for  good  and  faithful  allies.  Even  in  this  case, 
it  is  impossible  to  foresee  the  state  of  things  and  minds  in 
Europe,  or  to  judge  what  measures  the  important  care  of 
maintaining  his  reputation,  and  the  system  of  equity  and 
moderation,  which  he  has  made  the  fundamental  principle 
of  his  reign,  may  require  on  his  Majesty's  part.  These 
considerations  seem  particularly  due  to  an  ally,  when  he 
has  contracted  gratuitous  obligations  without  any  reciprocal 
advantages. 

4thly.  By  uniting  the  expressions  of  Articles  llth  and 
12th,  it  will  be  seen,  that  the  success  of  the  war  being 
alone  able  to  fix  the  fate  of  empires,  it  has  been  found  im 
possible  on  concluding  the  treaty  of  alliance  to  determine 
the  possessions  that  the  United  States  may  obtain  on  mak 
ing  peace ;  that  consequently,  the  engagement  of  France 
can  only  be  conditional  and  eventual  on  this  subject;  that 
she  is  not  now  held  to  any  particular  engagement,  in  rela 
tion  to  these  possessions,  whether  real  or  pretended ;  and 
that  this  obligation  will  not  commence  till  the  time  in  which 
VOL.  x.  38 


298  GERARD. 

the  possessions  of  the  United  States  shall  be  fixed  by  the 
cessation  of  the  war. 

5thly.  In  fine,  it  is  indispensable  to  add  to  these  con 
siderations,  that  when  any  doubt  arises  as  to  the  express 
ions,  the  extent  and  the  application  of  the  stipulations  of 
a  treaty,  the  laws  of  reason,  and  of  universal  justice,  as 
well  as  the  rules  of  a  good  and  faithful  alliance,  decide, 
that  an  ally  has  no  right  to  interpret  it  arbitrarily  and  par 
tially  ;  that  the  attempt  would  at  the  same  time  offend  the 
dignity,  and  destroy  the  confidence  of  his  ally  ;  that  neither 
of  them  can  in  fact  arrogate  to  himself  the  superiority  in 
connexions,  which  ought  to  be  equal  and  reciprocal ;  that 
it  is  only  by  a  friendly  explanation,  by  a  formal  agreement, 
that  these  doubts  can  be  removed,  and  the  exact  meaning 
of  treaties  determined  ;  that  in  short,  this  method  would 
become  still  more  indispensable,  if  it  should  happen,  that 
the  pretensions  of  one  of  the  parties  were  founded  only 
upon  farfetched  inductions,  subject  to  discussion  and  con 
tradiction,  and  would  tend  to  alter  the  essential  and  funda 
mental  system  of  an  alliance. 

The  Minister  Plenipotentiary  of  France  is  fully  confi 
dent,  that  the  Congress  of  the  United  States,  knowing  the 
laws  of  proceedings,  and  the  respect  which  Sovereigns 
mutually  owe  to  each  other,  will  observe  them  in  their  con 
duct  towards  his  Most  Christian  Majesty ;  but  the  impor 
tant,  critical,  and  pressing  juncture,  in  which  the  affairs  of 
the  alliance  stand  at  the  present  moment,  imposes  on  the 
undersigned  Minister  the  sacred  duty  of  contributing,  as 
much  as  lies  in  his  power,  to  hasten  the  resolutions  of  Con 
gress,  to  prevent  all  mistakes  and  every  subject  of  misun 
derstanding,  to  preserve  the  most  .perfect  harmony  and 
uniformity  of  views  and  sentiments,  concerning  the  accom- 


DIPLOMATIC  CORRESPONDENCE.  399 

plishment  of  the  advantageous  stipulations  of  the  alliance, 
and  thus  to  deceive  the  expectation  of  the  common  enemy, 
who  henceforth   founds  his  principal  hopes  on  the  divis 
ions,  which  he  is  intent  upon   fomenting.     In   fine,  one  of 
the  objects  of  this  Memorial  is,  to  prove,  solemnly,  the  faith 
ful  and  friendly  conduct  of  the  King   in  this  juncture,  his 
Majesty  hoping,  that  the  knowledge  of  this  conduct  will 
confirm  the  governments  and   people  of  America  in  the 
sentiments  of  confidence,  which  the  proceedings  of  his  said 
Majesty  have   already  inspired.     It  is  only  by  thus  placing 
before  the  eyes  of  Congress  the  indubitable  principles  ex 
pressed  above,  that  the  Minister  Plenipotentiary  of  France 
thought  that  he  could  fulfil  his  duties  to  the  King,  his  mas 
ter,  and  to  the  alliance,  and  protect  from  all  reproach  his 
zeal  for  the  common  cause  between  France  and  America. 
If  he  has  deceived  himself  in  his  conjectures,  as  to  the 
immediate  and  apparent  utility  of  his  mode  of  proceeding, 
he  begs  Congress  to  accept  his  excuses  for  having  con 
sumed  time,  of  so  much  value,  and  he  flatters  himself,  that 
knowing  his  attachment  to  the  alliance,  and  to  the  United 
States,  it  will  attribute  his  conduct  to  these   sentiments 
alone. 

GERARD. 


TO    THE     PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  May  24th,  1779. 

Sir, 

I  avail  myself  of  the  first  respite,  which  my  sickness 
allows  me,  to  congratulate  you  as  well  as  Congress  upon 
the  resolution,  which  I  am  assured  they  have  taken,  in  re- 


300  GERARD 

lation  to  their  finances.  The  execution  of  the  system, 
which  appeared  connected  with  this  first  operation  of  a  tax, 
will  show  to  your  friends  and  your  enemies  the  extent  of 
your  resources,  your  firmness,  and  your  ability  to  make  a 
suitable  and  efficacious  use  of  them.  The  eagerness  with 
which  the  people  seemed  to  expect  an  arrangement  of  this 
kind,  gives  beforehand  the  proof  of  their  favorable  dispo 
sitions  and  of  their  good  will.  This  state  of  things,  Sir, 
cannot  but  strengthen  the  very  friendly  intentions  of  the 
King,  my  master,  by  the  confidence  with  which  your  own 
efforts,  and  the  displaying  of  the  resources  of  America,  will 
inspire  him  in  your  dispositions.  It  will  only  remain  for 
you  to  show  vigor  in  your  military  operations,  in  order  to 
destroy  the  hope  entertained  by  the  common  enemy,  of 
conquering  America ;  then  everything  will  inspire  us  with 
the  hope  of  soon  seeing  the  happy  day  dawn,  in  which 
America  will  enjoy  independence,  together  with  the  advan 
tages  and  delights  of  peace.  Congress  has  received  all 
the  possible  assurances  of  the  King's,  my  master's,  desire  to 
hasten  that  moment,  and  he  is  convinced,  that  Congress 
will  place  no  obstacle  in  the  way. 

1  have  the  honor  to  be,  with  respectful  esteem,  Sir,  your 

humble  and  most  obedient  servant. 

GERARD. 

May  24th.  Information  being  given  to  Congress  of 
some  outrages  and  wanton  barbarities,  committed  on  sub 
jects  of  France  by  the  enemy,  on  their  landing  in  Virginia, 
the  following  resolutions  were  passed. 

Whereas  it  has  been  represented  to  Congress,  that  the 
enemy  at  the  time  of,  and  since  their  landing  in  Virginia, 
have  perpetrated  the  most  unnecessary,  wanton,  and  out- 


DIPLOMATIC  CORRESPONDENCE.  3Q1 

rageous  barbarities,  on  divers  of  the  citizens  of  that  State, 
as  well  as  on  several  of  the  subjects  of  his  Most  Christian 
Majesty  residing  therein,  deliberately  putting  many  of  them 
to  death  in  cool  blood,  after  they  had  surrendered,  abus 
ing  women,  and  desolating  the  country  with  fire, 

Resolved,  That  the  Governor  of  Virginia  be  requested 
to  cause  diligent  inquiry  to  be  made  into  the  truth  of  the 
above  representations,  and  to  transmit  to  Congress  the  evi 
dence  he  may  collect  on  the  subject. 

Resolved,  That  Congress  will  retaliate  for  cruelties  and 
violations  of  the  laws  of  nations  committed  in  these  States, 
against  the  subjects  of  his  Most  Christian  Majesty,  in  like 
manner  and  measure  as  if  committed  against  citizens  of  the 
said  States,  and  that  the  protection  of  Congress  shall  be  on 
all  occasions  equally  extended  to  both. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  May  25th,  1779. 
Sir, 

I  have  received  with  the  most  lively  satisfaction  the  let 
ter  with  which  you  honored  me  on  the  24th  of  this  month, 
as  well  as  the  resolutions  of  Congress  of  the  same  date, 
which  accompanied  it,  and  which  relate  to  the  atrocious 
actions  committed  by  the  enemy's  troops  in  Virginia,  which 
violate  equally  the  laws  of  war  established  between  civil 
ized  nations,  and  the  first  principles  of  humanity,  and  attack 
the  foundations  of  all  human  society. 

The  whole  world  cannot  but  be  convinced  of  the  justice 
of  the  necessary  measures  to  which  the  conduct  of  the 


302  GERARD. 

common  enemy  compels  Congress  to  have  recourse,  in 
order  if  possible  to  put  an  end  to  such  horrible  excesses. 

I  must  confine  myself  here,  Sir,  to  requesting  you  to 
place  before  Congress  this  assurance  of  the  sensibility  with 
which  the  King,  my  master,  and  the  whole  French  nation 
will  receive  the  strong  proof  of  friendship,  union,  and  iden 
tity  of  feelings  and  interests,  which  the  United  States  give 
in  declaring,  that  they  will  make  no  distinction,  in  this  re 
spect,  between  their  own  subjects  and  those  of  their  ally. 
This  will  give  the  common  enemy  a  new  evidence  of  the 
inviolability  of  the  alliance  which  unites  the  two  nations, 
and  will  afford  the  French,  who  have  already  given  so 
many  proofs  of  their  individual  attachment  to  the  senti 
ments  of  the  alliance,  and  of  their  zeal  for  the  United 
States,  a  new  motive  of  encouragement.  By  thus  increas 
ing  more  and  more  the  connexions  and  the  mutual  confi 
dence,  the  means  of  braving  the  effects  of  the  ambition  and 
the  revenge  of  the  common  enemy  will  be  increased. 

I  have  the  honor  to  be,  with  respect  and  esteem,  Sir, 
your  most  humble  and  obedient  servant. 

GERARD. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  May  27th,  1779. 
Sir, 

The  Minister  Plenipotentiary  of  France,  in  consequence 
of  the  sentiment  and  the  views,  which  have  prompted  his 
previous  representations,  has  the  honor  to  observe  to  the 
representatives  of  the  United  States  of  America  in  Con 
gress  assembled,  that  independently  of  the  principal  and 


DIPLOMATIC   CORRESPONDENCE.  3Q3 

direct  interest  of  the  confederated  republic  in  the  overtures 
of  pacification,  which  the  undersigned  has  been  ordered  to 
make  to  Congress,  the  general  good  of  the  alliance  urges 
with  all  possible  earnestness  the  hastening  of  the  resolution 
of  the  said  States.  It  is  in  fact  only  by  enabling  the 
Court  of  Spain  to  bring  its  mediation  to  its  critical  and 
decisive  point,  that  it  can  be  hoped  that  this  power,  con 
vinced  of  the  injustice  of  the  views  and  of  the  ambition  of 
England,  will  join  the  alliance,  acknowledge  the  indepen 
dence  of  the  United  States,  and  take  an  active  part  in  the 
war.  On  the  contrary,  by  delaying  without  communicat 
ing  to  the  parties  interested  the  motives  which  induce  them 
to  it,  the  States  will  be  in  danger  of  fatiguing  this  power, 
which  keeps  on  foot  the  forces  of  the  whole  monarchy, 
principally  with  a  view  to  give  respectability  to  a  mediation 
which  appears  to  be  neglected ;  they  incur  the  risk  of 
cooling  the  good  will  of  his  Catholic  Majesty,  and  perhaps 
of  alienating  him  as  much  by  delays,  as  if  resolutions,  con 
trary  to  the  system  which  he  has  appeared  disposed  to 
favor  by  his  mediation,  should  give  him  lawful  reasons  for 
changing  his  conduct. 

The  alliance  will  thus  be  deprived  of  a  decisive  support, 
which  the  goodness  of  its  cause,  the  wisdom  of  its  conduct, 
and  the  close  union  subsisting  between  France  and  Spain 
seemed  to  promise  it.  Moreover,  the  suspension  of  the 
said  resolutions  operates  equally  in  another  point  of  view, 
in  a  manner  the  most  disadvantageous  for  the  alliance  in 
general,  and  for  France  in  particular.  On  the  one  side, 
in  fact,  the  expectation  of  the  resolutions  of  Congress 
necessarily  infuses  into  plans  and  measures  an  uncertainty 
injurious  to  the  common  good,  and  if  the  Count  d'Estaing 
does  not  carry  into  execution  the  plan  of  coming  upon  the 


304  GERARD. 

American  coast,  it  can  only  be  attributed  to  this  cause. 
On  the  other  hand,  the  season  is  already  so  far  advanced, 
that  this  same  uncertainty,  by  destroying  the  hope  of  see 
ing  Spain  declare  herself  during  the  course  of  the  present 
campaign,  leaves  France  alone  exposed  to  the  efforts  of  the 
principal  body  of  the  enemy's  forces. 

The  wisdom  of  Congress,  and  the  faithful  attachment 
which  they  show  on  every  occasion,  in  a  manner  as  con 
spicuous  as  it  is  satisfactory  to  the  alliance,  and  the  respect 
which  they  have  always  expressed  for  Spain,  do  not  per 
mit  a  doubt  as  to  the  attention  which  they  will  be  pleased 
to  give  to  considerations  of  such  importance.  The  present 
Memorial  is  the  last  tribute  that  the  zeal  of  the  Minister 
Plenipotentiary  of  France  will  allow  him  to  consecrate  to 
the  duty  of  facilitating  and  accelerating,  as  much  as  lies  in 
his  power,  the  deliberations  of  Congress,  by  suggesting 
considerations  which  might  have  such  an  influence. 

GERARD. 

June  22d.  A  Memorial  from  the  Minister  Plenipoten 
tiary  of  France  was  read,  accompanied  with  a  commission 
given  by  him  to  the  Sieur  de  St  Hilaire,  appointing  him 
Vice-Consul  for  the  port  of  Alexandria  in  Virginia.  Or 
dered,  that  the  same  be  referred  to  the  Marine  Committee 
to  take  order  thereon. 

Another  Memorial  from  the  Minister  was  received  and 
read,  accompanied  with  two  Memorials  relative  to  violences, 
of  which  divers  subjects  of  his  Majesty  complain.  iThese 
were  also  referred  to  the  Marine  Committee. 


DIPLOMATIC  CORRESPONDENCE.  305 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  June  21st,  1779. 
Sir, 

The  Minister  Plenipotentiary  of  France  has  the  honor 
to  represent  to  the  Congress  of  the  United  States  of  Amer 
ica,  that  the  daily  experience  of  several  ports  of  the  con 
tinent  proves  how  prejudicial  the  want  of  the  proper  reg 
ulations  for  maintaining  the  immunity  of  the  flag,  which  is 
the  foundation  of  a  free  commerce,  is  to  navigators,  to 
French  merchants,  and  even  to  the  interests  and  to  the 
honor  of  the  French  nation.  The  treaty  of  commerce  has 
foreseen  this  state  of  things,  and  has  expressed  the  wish  of 
the  two  parties  to  remedy  it.  The  undersigned  would 
have  proposed  to  Congress,  some  time  ago,  to  enter  upon 
this  negotiation,  had  he  not  perceived  that  their  time  was 
occupied  by  subjects  of  greater  importance ;  but  as  the 
evil  increases  daily,  it  becomes  indispensable  and  urgent 
to  provide  a  remedy  for  it,  at  least  with  regard  to  the 
most  pressing  subjects,  and  by  provisional  regulations, 
which  will  have  no  force  till  the  contract,  stipulated  by  the 
treaty  of  commerce,  is  made. 

The  Minister  Plenipotentiary  consequently  thinks  it  his 
duty  to  lay  before  Congress  the  annexed  plan,  and  to  pro 
pose  a  method,  which  seemed  to  him  calculated  to  effect 
this  object. 

Several  States,  perceiving  the  inconveniences  of  the 
present  uncertainty,  seemed  disposed  to  provide  a  remedy 
for  it  by  domestic  laws ;  but  the  undersigned  has  not  been 
willing  to  urge  them,  without  being  previously  informed  of 
the  sentiments  of  Congress  on  this  subject.  He  conse- 
VOL.  x.  39 


306  GERARD. 

quently  requests  that  body  to  be  pleased  to  inform  him  of 
them,  and  if  they  think  proper  that  the  daily  complaints 
should  be  redressed  by  provisional  regulations,  while  wait 
ing  till  the  subject  shall  be  acted  upon  by  a  convention,  to 
recommend  this  matter  itself  to  the  Legislatures  of  the 
several  States.  The  regulations  which  they  may  make 
will  show  by  experience,  whether  they  are  calculated  to 
effect  this  object.  They  will  throw  light  upon  the  rules 
observed  among  all  commercial  nations,  and  will  give  to 
the  United  States  in  general  an  opportunity  of  becoming 
acquainted  with  the  manner  in  which  the  commerce 
between  the  two  nations  can  be  regulated,  according  to  the 
principles  of  justice  and  equality,  which  should  form  the 
foundation  of  all  the  connexions  that  shall  subsist  between 
them,  and  according  to  the  principles  and  forms  which 

vary  in  different  States. 

GERARD. 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  July  5th,  1779. 

Sir, 

The  Minister  Plenipotentiary  of  France,  has  already 
had  the  honor  to  recommend  to  Congress  the  request 
made  by  the  King's  navy  agent  in  relation  to  the  expe 
dition  of  the  ship  Defence,  loaded  with  provisions  for  Cape 
Francois.  He  renews  his  entreaties  by  the  present  Me 
morial.  The  quantity  of  provisions  on  board  this  vessel 
is  so  inconsiderable,  particularly  considering  the  abundance 
of  old  grain  which  we  see  now,  that  the  undersigned  hopes 
that  Congress  will  think  that  the  exportation  of  them  may 
be  allowed,  without  injury  to  the  service  of  the  army  or  of 


DIPLOMATIC  CORRESPONDENCE.  397 

the  public.  The  undersigned,  however,  offers  to  have 
these  same  provisions  received,  so  as  to  be  deducted  from 
the  quantity  promised  for  his  Majesty's  squadron,  and  par 
ticularly  the  flour,  on  account  of  the  thousand  barrels,  to 
which  the  eighteen  thousand,  promised  for  the  same  ser 
vice,  have  been  reduced.  The  want  of  provisions  is  so 
great  at  Cape  Francois,  particularly  in  the  vessels  of 
Count  d'Estaing's  squadron,  which  are  stationed  there  to 
protect  the  reciprocal  commerce,  that  the  said  Minister  is 
ready  to  subscribe  to  whatever  conditions  Congress  shall 
think  proper  to  impose  with  regard  to  this  expedition. 
But  he  requests  with  the  greatest  earnestness,  that  they 
would  be  pleased  not  to  defer  giving  a  positive  answer,  in 
order  not  to  increase,  if  its  decision  is  in  the  negative,  the 
costs  and  expenses  which  the  King  will  be  obliged  to  pay 
to  the  proprietors  and  fitters  out  of  the  said  vessel. 

With  regard  to  its  destination,  the  undersigned  had 
thought  that  he  could  flatter  himself,  that  his  character  and 
conduct  would  prevent  the  doubts  which  a  member  of 
Congress  has  communicated  in  writing  to  the  King's  navy 
agent.  Nevertheless,  as  so  weighty  a  suspicion,  declared 
in  so  serious  a  manner,  and  impeaching  the  probity  and 
fidelity  of  the  officers  of  the  King,  acting  immediately  under 
the  direction  of  the  said  Minister,  cannot  have  been  sug 
gested  to  Congress  without  important  reasons,  the  under 
signed  entreats  and  requests  them  to  be  pleased  to  cause 
an  account  to  be  rendered  of  the  reasons  of  his  suspicions, 
and  of  the  facts  upon  which  they  may  have  been  grounded. 
The  undersigned  requests  further,  that  the  result  of  this 
verification  may  be  communicated  to  him,  in  order  that  he 
may  be  in  a  situation  to  take  the  further  part,  that  the  dig 
nity  of  the  King,  his  respect  for  Congress,  his  regard  for 


308  GERARD. 

the  public  interest  of  America,  and  the  delicacy  which 
ought  to  characterise  the  conduct  of  every  public  man,  may 
require. 

The  undersigned  makes  the  same  request,  and  for  the 
same  reasons,  with  regard  to  the  accusation  made  to  Con 
gress,  that  the  vessels,  which  have  been  fitted  out  in  the 
name  of  the  King,  have  been  loaded  with  quantities  of 
flour  on  individual  account.  He  declares  that  his  first 
rule  has  always  been  to  cause  the  whole  of  the  vessels  to 
be  freighted  on  his  Majesty's  account ;  but  if  any  frauds 
have  been  committed  in  this  matter,  it  is  of  equal  impor 
tance  to  the  public  good,  and  to  the  dignity  of  the  King, 
that  its  authors  should  be  known,  in  order  to  prevent 
further  frauds.  The  delegates  to  Congress,  by  a  verbal 
declaration  made  to  the  King's  navy  agent,  have  confined 
this  imputation  to  one  vessel  alone,  but  it  is  not  less  im 
portant  that  the  fact  should  be  verified. 

Besides,  although  the  Minister  Plenipotentiary  of  France 
insists  on  this  point,  in  order  to  make  these  odious  impu 
tations  fall  on  those  who  may  deserve  them,  he  could  have 
contented  himself  with  declaring,  that  not  having  the  right 
of  police  and  inspection  over  the  proprietors,  owners,  and 
Captains  of  the  American  vessels,  which  have  been  em 
ployed  in  these  transportations,  and  ho  ought  to  be  better 
acquainted  than  strangers  with  the  laws  of  the  country,  it 
is  only  the  officers  of  the  State,  appointed  to  receive  the 
declarations  of  the  ships  which  sail  from  the  ports,  who 
can,  in  examining  the  cargoes,  determine  the  frauds  which 
may  have  been  committed  ;  and  that  without  directly  and 
positively  blaming  the  officers  of  the  King,  they  cannot  be 
made  responsible  for  frauds,  which  it  is  not  in  their  power 
to  prevent.  Very  far  from  desiring  any  connivance  on  the 


DIPLOMATIC  CORRESPONDENCE.  399 

part  of  the  officers  or  of  the  governments  of  the  different 
States  of  America,  the  undersigned  earnestly  desires,  that 
they  would  be  pleased  to  execute  with  vigor  the  powers 
which  belong  to  them,  and  the  laws  which  may  have  refer 
ence  to  these  subjects. 

The  undersigned  hopes  that  Congress  will  be  pleased 
not  to  defer  its  resolution,  whatever  it  may  be,  respecting 
the  ship  Defence,  till  the  verification  of  these  facts.  The 
two  affairs  have  nothing  in  common,  and  the  Minister 
Plenipotentiary,  in  repeating  his  offers  expressed  above, 
flatters  himself  that  Congress,  if  they  think  proper  to  per 
mit  this  expedition,  will  find  that  these  arrangements  can 
be  made  even  after  the  departure  of  this  vessel. 

GERARD. 


This  Memorial  being  read,  it  was  immediately 
Resolved,  that  it  be  recommended  to  his  Excellency 
the  Governor  of  Maryland  to  permit  the  ship  Defence, 
which  is  loaded  with  provisions  for  the  fleet  of  his  Most 
Christian  Majesty,  to  depart  and  carry  her  cargo  to  the 
place  of  her  destination,  and  that  care  be  taken  that  she 
carry  no  other  provisions  than  the  above,  and  what  may  be 
necessary  for  the  crew. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  July  5th,  1779. 
Sir, 

The  Minister  Plenipotentiary  of  France  has  the  honor 
to  represent  to  Congress,  that  faithful    to  the    promises 


310  GERARD. 

which  that  body  has  asked  for,  on  his  part,  in  relation  to 
the  purchase  of  provisions  destined  for  the  squadron,  which 
the  King  sent  last  year  to  the  assistance  of  the  United 
States,  he  has  never  authorised  any  purchase  except 
through  the  very  overseers  appointed  by  Congress,  or 
without  giving  notice  of  the  operation  to  the  members  of 
the  committees  intrusted  with  this  business.  He  has  de 
clared  to  them  several  times,  that  the  provisions  bought  on 
the  account,  and  with  the  money  of  the  King,  would  always 
remain  at  the  disposal  of  Congress,  either  for  the  public 
service,  or  for  that  of  the  American  army.  The  under 
signed  hopes,  that  their  members  will  be  witnesses  of  it  to 
Congress.  Delicacy  has  been  carried  so  far,  that  it  has 
been  preferred  to  expose  the  King's  squadron  to  the  want 
of  provisions,  which  it  has  procured  only  in  consequence  of 
some  happy  accidents,  rather  than  to  break  through  an  ar 
rangement  which  Congress  had  judged  necessary.  The 
same  principle  has  guided  the  conduct  which  has  been  pur 
sued  in  the  last  place,  when  the  undersigned,  by  his  knowl 
edge  of  the  chief  motives  of  Congress,  having  been  obliged 
to  demand  the  assurance  of  a  certain  quantity  of  provisions, 
the  difficulty  of  circumstances  induced  him  to  combine 
purchases  by  way  of  commerce  with  the  direct  measures 
which  Congress  has  judged  proper  to  take.  As  Congress 
must  have  been  informed  of  all  that  has  taken  place  on  this 
subject,  the  undersigned  will  not  introduce  it  again  here, 
and  he  will  abstain  from  all  reflection. 

He  confines  himself  to  representing  to  Congress,  that 
the  produce  of  these  private  purchases  is  reduced  to  a 
very  small  quantity,  by  the  obstacles  which  the  continental 
officers  have  thrown  in  their  way,  and  by  the  seizure,  by 
authority,  of  the  articles  bought,  as  well  as  by  other  similar 


DIPLOMATIC  CORRESPONDENCE.  34  j 

events  ;  and  the  agents  employed  on  the  King's  account, 
being  thus  deprived  of  the  security  and  of  the  power  which 
every  American  citizen,  and  every  foreign  merchant  en 
joys,  and  the  property  of  the  King  being  so  uncertain  and 
exposed,  the  undersigned  begs  Congress  to  be  pleased  to 
cause  all  the  provisions  bought  on  the  account  and  with 
the  money  of  his  Majesty,  to  be  placed  in  the  hands  of 
the  officers  whom  they  shall  judge  proper  to  appoint  for 
this  purpose,  in  order  that  Congress  may  dispose  of  them 
in  such  manner  as  their  own  prudence  and  the  public 
interest  shall  dictate  ;  the  undersigned  declaring,  that  from 
the  moment  in  which  he  was  informed  of  these  proceedings 
and  of  these  obstacles,  he  has  given  order  to  put  an  end 
to  every  kind  of  purchase  and  supply  of  provisions.  He 
annexes  here  the  note  of  the  provisions  now  in  the  hands 
of  the  King's  agents  ;  and  if  the  commissions  given  here 
tofore  have  produced  a  greater  quantity  of  them,  he  will 
have  the  honor  to  give  notice  of  it  to  Congress,  according 
as  he  shall  be  informed  of  it  himself. 

But  he  must  at  the  same  time  call  the  attention  of  Con 
gress  to  the  proposition,  which  he  had  the  honor  to  make 
to  them  by  the  Memorial  which  contains  the  request  for 
this  new  supply,  that  is  to  say,  that  they  would  be  pleased 
to  declare,  whether  the  Minister  Plenipotentiary  of  France 
may  reckon  upon  the  quantity  of  provisions,  which  are  ne 
cessary  for  the  important  object  which  he  has  had  the 
honor  to  communicate  to  Congress.  In  order  to  facilitate 
the  success  of  his  measures  on  this  subject,  the  undersigned 
confines  himself  at  the  present  time  to  requesting,  that  the 
quantity  of  five  thousand  barrels  of  flour  may  be  immedi 
ately  held  in  readiness.  The  remainder  can  be  furnished 
in  the  course  of  September  next,  from  grain  the  product 
of  this  year's  harvest. 


312  GERARD. 

The  reasons  alleged  in  the  said  Memorial  compel  the 
undersigned  to  repeat  to  Congress  the  formal  demand  of 
a  prompt  and  explicit  answer,  with  which  he  has  not  hith 
erto  been  honored.  Congress  has  too  much  wisdom  for 
any  one  to  allow  himself  to  set  forth  to  it  all  the  inconve 
niences  which  might  result  to  America,  and  to  the  alliance 
from  the  least  delay.  The  reports  hitherto  communicated 
are  so  uncertain,  that  it  is  impossible  to  make  them  the 
foundation  of  a  confidence,  which  the  experience  of  the 
past  does  not  encourage,  unless  Congress  authorises  them 
by  its  sanction.  A  formal  and  explicit  assurance  on  the 
part  of  Congress  can  alone  effect  an  object  so  important, 
upon  which  the  Minister  Plenipotentiary  of  France  has 
insisted  since  the  month  of  May,  and  which  the  advance 
ment  of  the  season  renders  still  more  critical  and  pressing. 

GERARD. 

REPORT      OF    A    COMMITTEE      RESPECTING    A    CONFERENCE 
,WITH    THE    MINISTER    OF    FRANCE. 

In  Congress,  July  10th,  1779. 

The  President  informed  Congress,  that  the  Minister  of 
France  had  communicated  to  him  certain  intelligence, 
about  which  it  would,  in  his  opinion,  be  expedient  for 
Congress  to  confer  with  the  Minister. 

Resolved,  That  the  honorable  M.  Gerard  be  in 
formed  by  the  President,  that  Congress  are  desirous  of 
conferring  with  him  in  a  committee  of  the  whole,  on  the 
subject  of  the  intelligence  communicated  by  him  to  the 
President,  and  that  if  agreeable  to  him,  a  private  audi 
ence  be  had  on  Monday  next,  at  12  o'clock. 

Monday,  July   12th.      The   President  informed    the 


DIPLOMATIC  CORRESPONDENCE.  313 

house,  that  he  had  communicated  to  the  Minister  of  France 
the  resolution  of  Saturday,  and  that  the  Minister  had 
agreed  to  meet  Congress,  in  a  committee  of  the  whole,  at 
12  o'clock.  Whereupon  Congress  was  resolved  into  a 
committee  of  the  whole,  and  had  a  conference  with  the 
Minister,  and  on  the  14th  of  July,  Mr  Laurens,  chairman 
of  the  committee,  reported, 

That  in  obedience  to  the  order  of  Congress,  the  com 
mittee  of  the  whole  have  conferred  with  the  Minister  Plen 
ipotentiary  of  France,  who  introduced  the  conference  by 
saying,  that  he  had  received  some  despatches  from  his 
Court,  which  he  was  ordered  to  communicate  to  Congress, 
but  that  he  expected  no  answer.  That  though  it  was  not 
the  usual  practice  to  offer  communications  of  this  nature  in 
writing,  yet  as  it  had  been  intimated  to  him  by  the  Pres 
ident,  that  this  mode  would  be  most  agreeable  to  Congress, 
he  had  committed  the  heads  of  them  to  paper,  not  as  a 
Memorial,  but  merely  for  the  assistance  of  the  memory,  in 
a  form  to  which  the  term  of  "ad  statum  legendi"  is  appro 
priated  by  the  usage  of  the  Courts  of  Europe ;  that  in 
reading  the  said  paper  he  would  take  the  liberty  of  making 
some  explanations  and  reflections. 

That  he  then  proceeded  to  read  the  paper  herewith  de 
livered,  marked  No.  1,  divided  into  seven  Articles,  and  at 
the  close  of  each  separate  Article  he  added  explanations 
and  reflections,  the  substance  of  which  the  committee  have 
endeavored  to  recollect,  and  have  committed  to  writing  in 
the  paper  marked  No  2. 
VOL.  x.  40 


314  GERARD. 

NO.    I. 

Ad  statum  legendi. 

1st.  The  King  has  approved  all  the  overtures,  which 
were  made  by  his  Minister  Plenipotentiary  to  the  Honor 
able  Congress,  respecting  the  affairs  of  M.  de  Beaumar- 
chais.  Therefore  a  line  ought  to  be  drawn  between  the 
stores,  which  this  gentleman  has  been  permitted  to  take 
out  of  the  royal  magazine,  for  which  he  has  made  himself 
debtor  to  the  department  of  war,  and  between  those  articles 
which  the  same  gentleman  has  bought  in  the  common  way 
of  trade  for  the  use  of  the  United  States. 

2dly.  A  hint  having  been  given  to  the  Minister  Pleni 
potentiary,  that  Congress  desire  to  recruit  their  ships  in 
France,  from  the  English  prisoners  there,  the  Court  in 
consequence  of  his  representations  is  willing  to  facilitate 
this  mode  of  recruiting  seamen. 

3dly.  The  King  and  Ministry  were  extremely  pleased 
with  the  resolution,  which  Congress  has  taken,  to  maintain 
only  one  Minister  Plenipotentiary  at  this  Court,  as  well  as 
with  the  exclusive  appointment  of  so  steady  and  honest  a 
man,  and  so  firm  and  solid  a  patriot,  as  Dr  Franklin. 

4thly.  The  Congress  has  given  very  great  satisfaction  to 
the  Court  of  France,  by  the  timely  and  spirited  step,  which 
was  taken  to  disavow  a  certain  ill- grounded  and  pernicious 
doctrine,  relating  to  the  mutual  obligations  of  the  allies,  to 
conclude  no  truce  or  peace  without  the  knowledge  or  con 
sent  of  eachother.  The  Court  of  France  is  of  opinion, 
that  this  doctrine  could  only  be  maintained  by  those  men, 
whose  aim  it  was  by  any  means  to  weaken  the  ties  of  the 
alliance,  and  to  create  disgust  and  diffidence  between  the 
allies. 


DIPLOMATIC  CORRESPONDENCE.  315 

5thly.  The  Court  lias  received  with  some  surprise  the 
intelligence,  that  Congress  has  published  the  treaties  con 
cluded  with  it,  without  the  previous  knowledge  and  con 
sent  of  the  party  interested.  It  is  not  to  be  denied,  that 
such  a  proceeding  is  but  little  consistent  with  reason,  and 
with  the  general  practice  of  Courts  and  nations.  Never 
theless,  this  observation  involves  not  any  kind  of  reproach, 
but  the  King  thinks,  that  so  noble  and  generous  a  system 
of  politics  could  but  produce  desirable  effects  by  its  pub' 
lication. 

Cthly.  The  intelligence,  that  in  the  first  month  of  last 
winter  there  were  no  adequate  preparations  made  in  Amer 
ica  towards  a  vigorous  and  successful  campaign,  was 
received  at  Versailles  with  all  the  concern,  which  the  dan 
ger  of  the  United  States  and  the  prolongation  of  the  pres 
ent  contest  can  create  in  the  most  friendly  mind.  The 
Court  of  France  is  fully  in  the  opinion,  that  the  exertions 
of  the  United  States  are  necessary  to  bring  the  common 
enemy  to  a  proper  sense  of  all  the  disappointments  which 
he  shall  meet  with. 

Tthly.  The  Court,  being  desirous  to  acquaint  Congress 
exactly  with  the  state  of  affairs  relating  to  the  common 
cause,  would  not  delay  to  inform  this  honorable  body,  that 
the  Court  of  London,  showing  on  one  side  dispositions  to 
a  reconciliation  with  France,  rejects  on  the  other  side  the 
very  idea  of  a  formal  and  explicit  acknowledgment  of 
the  independence  of  the  United  States,  which  his  Most 
Christian  Majesty  perseveres  to  hold  up  as  a  preliminary 
and  essential  condition.  The  behavior,  of  the  common 
enemy  in  this  respect  rendered  a  great  deal  more  proba 
ble  the  conjecture,  which  was  communicated  to  Congress 
•some  time  ago,  that  the  point  of  honor  and  pride  of  the 


316  GERARD. 

King  of  England  will  be  the  greatest  obstacle  to  the  con 
clusion  of  peace  upon  those  explicit  terms ;  and  perhaps 
the  manner  of  overcoming  this  difficulty  will  of  course 
become  the  most  decisive  object  of  the  deliberations  of 
Congress,  when  this  honorable  body  shall  determine  to 
make  peace,  whatever  middle  way  may  be  hit  upon,  that 
England  shall  treat  with  the  United  States  as  with  a  free 
people,  and  evacuate  immediately  all  the  territories  belong 
ing  to  them. 

NO.     II. 

The  Substance  of  what  the  Minister  said  at  the  Conference 
in  explanation  of  the  several  Articles  in  the  foregoing 
Paper,  entitled  "ad  statum  legendi"  as  reported  by 
the  Committee. 

ARTICLE  1.  From  the  bills  and  accounts  with  which 
Congress  have  been  furnished  by  M.  de  Beaumarchais, 
Congress  will  be  enabled  to  distinguish  those  articles 
which  were  drawn  from  the  royal  magazines,  and  those 
which  he  supplied  in  the  way  of  trade.  For  these  last. 
Congress  will  without  doubt  make  remittances  to  M.  de 
Beaumarchais  in  their  own  way,  to  enable  him  to  perform 
the  contracts  he  has  entered  into  as  a  merchant.  That 
for  the  former  articles,  the  King,  his  master,  taking  upon 
himself  to  be  creditor  to  the  United  States,  would  wait 
until  Congress  shall  find  it  convenient  to  make  compen 
sation. 

ARTICLE  2.  Though  his  Court  had  not  resolved  to  re 
taliate  upon  the  prisoners  taken  by  the  common  enemy, 
yet  for  the  reasons  assigned,  the  King,  his  master,  had 
assented  to  the  proposal.  But  in  carrying  this  matter  into 
execution  it  would  be  proper  to  take  such  precautions,  and 


DIPLOMATIC   CORRESPONDENCE.  317 

to  give  such  orders  to  the  Captains,  or  other  persons  em 
ployed  in  this  business,  that  it  may  be  managed  with 
prudence. 

ARTICLE  3.  There  is  every  reason  to  believe,  that 
Congress  will  very  soon  receive  proofs  of  the  confidence, 
which  his  Court  was  always  willing  to  show  to  the  servants 
of  these  States.  The  personal  character  of  Dr  Franklin 
will  enable  the  Court  to  act  with  a  frankness  becoming  the 
alliance,  and  they  will  have  no  occasion  to  withhold  any 
more  the  secrets  which  may  interest  the  United  States  and 
the  alliance. 

ARTICLE  4.  The  King,  his  master,  after  this  explicit 
step,  relies  with  the  highest  confidence  upon  the  candor 
and  faithfulness  of  Congress,  in  understanding  as  well  as 
in  executing  the  treaty,  and  in  rejecting  every  arbitrary  and 
unnatural  interposition  or  construction,  which  false,  subtle, 
or  designing  men  can  contrive.  Congress  by  their  own 
feelings  must  be  sensible,  that  such  interpretations  and  con 
structions  are  always  hurtful,  against  common  decency  and 
dignity,  and  may  oftentimes  endanger  mutual  confidence, 
and  of  course  the  very  existence  of  a  treaty.  But  the 
sense  Congress  has  manifested  in  this  particular  affair  gives 
his  Court  the  greatest  hopes,  that  there  will  be  no  further 
motive  for  the  painful  reflections,  which  that  affair  gave 
rise  to. 

ARTICLE  5.  He  begged  leave  to  add,  that  this  publi 
cation  interfered  with  the  situation  of  affairs  in  Europe, 
and  was  in  a  certain  degree  disadvantageous  to  the  com 
mon  cause,  because  it  gave  the  common  enemy  a  full 
knowledge  of  our  system,  and  our  mutual  engagements, 
without  procuring  us  any  reason  to  guess  at  their  views 
and  resolutions.  Happily  these  inconveniences  have  not 


318  GERARD. 

been  felt,  and  ample  compensation  has  been  obtained  by 
convincing  the  people  of  America,  not  only  that  the  treaty 
was  just  and  equal,  but  that  the  heavy  task  which  France 
had  taken  upon  her  was  magnanimous,  gratuitous,  and 
without  reward.  The  whole  world  was  at  the  same  time 
convinced,  that  war,  conquest,  and  ambition,  were  not  the 
objects  of  the  alliance,  nor  of  any  of  the  allies,  but  only  the 
peaceable  enjoyment  of  the  sovereignty,  liberty,  security, 
and  independence  of  these  United  States.  And  this  con 
viction  gave  much  honor,  credit,  and  consideration  to  the 
alliance. 

ARTICLE  6.  On  this  he  observed,  that  he  had  endeav 
ored  since  last  fall,  by  order  of  his  Court,  to  impress  upon 
every  mind,  that  England  will  never  evacuate  New  York 
willingly,  and  could  only  be  brought  by  proper  exertions 
on  the  part  of  America  to  think  seriously  of  granting  inde 
pendence.  He  believed  that  Congress  had  adopted  a  sys 
tem  so  conformable  to  their  engagements  and  to  the  situ 
ation  of  affairs,  his  Court  was  better  informed  than  he  was. 
But  without  reflecting  on  past  events,  the  King  hopes,  that 
his  amicable  apprehensions  will  be  overcome  by  the  suc 
cess  of  the  campaign  ;  that  henceforth  the  United  States 
will  follow  the  example  set  them  by  his  Majesty,  and  that 
they  will  exert  themselves  in  their  own  cause,  as  his  Maj 
esty  exerts  himself  for  their  sakes  and  in  their  cause,  which 
he  has  adopted. 

ARTICLE  7.  He  said  he  was  authorised  to  tell  Congress 
in  confidence,  that  this  reflection  is  the  result  of  the  obser 
vations  which  the  Court  of  Spain  made  upon  the  conduct 
of  England  throughout  her  negotiation  of  mediation  ;  that 
the  British  Ministry  seem  to  be  solicitous  to  be  reconciled 
with  France,  and  to  keep  up  this  negotiation  ;  that  from 


DIPLOMATIC  CORRESPONDENCE.  319 

thence  probable  hopes  may  be  entertained  of  their  internal 
disposition  to  peace,  but  at  the  same  time  they  reject  with 
haughtiness  the  formal  acknowledgment  of  the  indepen 
dence  insisted  on  by  France  and  Spain.  New  orders 
have  been  given  to  the  Spanish  Ambassador  at  London,  to 
ascertain  as  nearly  as  possible  those  dispositions.  In  these 
circumstances,  the  King,  his  master,  ordered  him  to  com 
municate  this  intelligence  to  the  United  States,  that  they 
may,  if  they  think  proper,  take  under  consideration,  if  it 
would  not  be  expedient  to  give  their  Plenipotentiary  in 
structions  and  full  powers,  founded  upon  the  necessity  of 
the  conjuncture  and  upon  the  treaty  of  alliance,  the  express 
and  formal  terms  of  which  are,  that  peace  shall  not  be 
made  without  an  express  or  tacit  acknowledgment*  of  the 
sovereignty,  and,  consequently,  and  a  fortiori,  of  the  rights 
inherent  in  sovereignty,  as  well  as  of  the  independency  of 
the  United  States  in  matters  of  government  and  of  com 
merce. 

This  substantial  alternative  in  on  engagement,  which  is  a 
mere  gratuitous  gift,  without  any  compensation  or  stipula 
tion,  ought,  indeed,  never  to  be  forgotten  in  a  negotiation 
for  peace.  France  foresaw  the  extreme  difficulties,  which 
a  formal  and  explicit  acknowledgment  might  meet  with. 
She  knew  by  her  own  experience  in  similar  contests,  in 
which  she  has  been  deeply  concerned,  respecting  the  Re 
publics  of  Holland,  Genoa,  and  the  Swiss  cantons,  how 
tenacious  monarchs  are,  and  how  repugnant  to  pronounce 
the  humiliating  formula.  It  was  only  obtained  for  Hol 
land  tacitly,  after  a  war  of  thirty  years,  and  explicitly  after 
a  resistance  of  seventy.  To  this  day,  Genoa  and  the 
Swiss  cantons  have  obtained  no  renunciation  or  acknowl 
edgment,  either  tacit  or  formal,  from  their  former  sover- 


320  GERARD. 

eigns.  But  they  enjoy  their  sovereignty  and  indepen 
dence  only  under  the  guarantee  of  France.  His  Court 
thought  it  important  to  provide,  that  difficulties  of  this 
nature,  which  consist  merely  in  words,  should  not  delay 
or  prevent  America  from  enjoying  the  thing  itself. 

From  these  considerations  arose  the  very  important  and 
explicit  stipulation  in  the  treaty,  which  he  just  now  men 
tioned,  and  which  has  received  the  sanction  of  the  United 
States.  The  circumstances  seem  such  as  call  for  the  ap 
plication  of  the  alternative  of  tacit  or  explicit  acknowledge 
ment.  All  these  considerations  are  adduced,  that  Con 
gress  may,  if  they  think  proper,  consider  whether  the  lit 
eral  execution  of  the  treaty  in  this  point  is  not  become 
necessary,  and  whether  the  safety  and  happiness  of  the 
American  people,  as  well  as  the  essential  principles  of  the 
alliance,  are  not  intimately  connected  with  the  resolutions 
that  may  be  taken  on  this  subject.  And  it  remains  with 
the  prudence  of  Congress  to  examine,  whether  instructions 
upon  some  particular  conditions  may  not  frustrate  the  sal 
utary  purpose  of  the  treaty  of  alliance,  relative  to  a  tacit 
acknowledgment  which  the  situation  of  affairs  may  require. 

In  thus  executing,  continued  he,  the  orders  I  have  re 
ceived,  I  cannot  omit  observing,  that  these  orders  were 
given  with  the  full  presumption,  that  the  business,  which  I 
laid  before  Congress  in  February  last,  would  have  been 
settled  long  before  these  despatches  should  come  to  my 
hands.  However  sensibly  my  Court  will  be  disappointed 
in  its  expectations,  I  shall  add  nothing  to  the  information 
and  observations,  which,  with  the  warmest  zeal  for  the 
interests  and  honor  of  both  countries,  and  by  the  duties  of 
my  office,  and  my  instructions,  I  found  myself  bound  to 
deliver  from  time  to  time  to  Congress,  in  the  course  of  this 


DIPLOMATIC  CORRESPONDENCE.  321 

business.  The  apprehension  of  giving  new  matter  to  those 
who  endeavor  to  blame  Congress  is  a  new  motive  for  me  to 
be  silent.  I  beg  only  to  remind  this  honorable  body  of  the 
aforesaid  information  and  reflections,  and  particularly  of 
those  which  I  had  the  honor  to  deliver  in  an  assembly  sim 
ilar  to  the  present.  I  shall  only  insist  on  a  single  point, 
which  I  established  then  and  since,  in  one  of  my  Memo 
rials,  namely,  the  manifest  and  striking  necessity  of  ena 
bling  Spain,  by  the  determination  of  just  and  moderate 
terms,  to  press  upon  England  with  her  good  offices  and 
bring  her  mediation  to  an  issue,  in  order  that  we  may  know 
whether  we  are  to  expect  peace  or  war.  This  step  is 
looked  upon  in  Europe  as  immediately  necessary.  It  was 
the  proper  object  of  the  message  I  delivered  in  February 
last.  I  then  established  the  strong  reasons,  which  require 
that  at  the  same  time,  and  without  delay,  proper  terms 
should  be  offered  to  his  Catholic  Majesty,  in  order  to  re 
concile  him  perfectly  to  the  American  interest.  I  did  not 
conceal,  that  it  was  to  be  feared,  that  any  condition  incon 
sistent  with  the  established  system  of  the  alliance,  which 
is  the  binding  and  only  law  of  the  allies,  and  contrary  to 
the  line  of  conduct,  which  Spain  pursued  in  the  course  of 
her  mediation,  would  lead  her  to  drop  the  mediation,  and 
prevent  his  Catholic  Majesty,  by  motives  of  honor  and  of 
faithfulness,  from  joining  in  our  common  cause,  and  from 
completing  the  intended  triumvirate.  No  loss,  no  unhappy 
event,  could  be  so  heavy  upon  the  alliance  as  this.  Indeed, 
although  the  British  forces  are  already  kept  in  check  by 
the  combined  efforts  of  France  and  America,  it  is  never 
theless  evident,  that  the  accession  of  Spain  can  only  give  to 
the  alliance  a  decided  superiority,  adequate  to  our  purposes, 
VOL.  x.  41 


322  GERARD. 

and  free  us  from  the  fatal  chance,  that  a  single  unlucky 
event  may  overthrow  the  balance. 

The  committee  then  taking  notice  of  what  the  Minister 
had  said  concerning  a  tacit  assurance  of  the  independence 
of  these  States,  and  the  reluctance  of  the  King  of  Great 
Britain  to  make  an  express  acknowledgment  thereof,  re 
quested  to  know  his  sense  concerning  the  manner  in  which 
such  tacit  assurance  could  be  given.  To  which,  he  pre 
mising  that  what  he  should  now  say  ought  to  be  considered 
only  as  his  private  sentiments,  replied,  that  the  British  Court 
would  probably  endeavor  to  avoid  an  express  acknowledg 
ment,  by  imitating  precedents,  that  had  occurred  in  Europe 
on  similar  occasions,  instancing  the  cases  of  the  Swiss  can 
tons,  and  the  United  Provinces  of  the  Netherlands  ;  that 
the  mode  adopted  in  the  latter  case  had  been  for  the  Arch 
duke,  to  whom  the  King  of  Spain  had  transferred  his  right 
of  sovereignty,  to  treat  with  them  "as  with  free  and  inde 
pendent  States."  And  that  with  respect  to  the  cantons, 
France  had  not  been  able  to  obtain  for  them  in  the  treaty 
of  Munster  any  other  than  a  declaration,  that  they  should 
be  in  possession  of  as  full  liberty  and  exemption  from  the 
empire,  and  be  in  no  manner  subject  to  the  jurisdiction 
thereof.  But  that  in  his  opinion  the  circumstances  of  these 
States,  and  the  manner  in  which  they  had  conducted  their 
opposition,  would  justify  their  expecting  a  more  full  dec 
laration. 


DIPLOMATIC  CORRESPONDENCE.  323 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  July  26th,  1779. 
Sir, 

The  Minister  Plenipotentiary  of  France  has  received 
with  gratitude  the  permission,  which  the  Congress  of  the 
United  States  has  been  pleased  to  grant  him,  for  the  expe 
dition  of  the  ship  Defence.  His  Court  will  be  very  sen 
sible  of  the  regard,  which  Congress  have  been  pleased  to 
pay  to  the  situation  of  the  vessels  of  war  stationed  at  Cape 
Francois. 

The  said  Minister  takes  the  liberty  of  reminding  Con 
gress  of  the  request,  which  he  made  in  one  of  his  Memo 
rials,  dated  the  5th  of  this  month,  relative  to  the  accusa 
tions,  which  have  been  made  before  the  whole  House,  of 
frauds  which  were  thought  to  have  been  practised  with 
regard  to  the  cargo  of  the  ship  Defence,  and  of  other 
vessels  loaded  with  provisions  for  the  French  squadron. 
The  undersigned  has,  by  writing,  on  the  1 7th  of  this  month, 
urged  the  committee  intrusted  with  this  verification,  to  be 
pleased  to  hasten  its  report,  and  he  takes  the  liberty  of 
addressing  the  same  request  to  the  Congress  of  the  United 
States  itself.  Congress  is  also  referred  to  the  reflections 
contained  in  his  said  Memorial  of  the  5th  instant. 

GERARD. 


324  GERARD. 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  July  26th,  1779, 
Sir, 

The  Minister  Plenipotentiary  of  France  has  received 
the  resolution  of  Congress,  dated  the  15th  of  this  month, 
in  relation  to  the  supplies  of  provisions  destined  for  the 
squadron  of  the  King.  He  requests  Congress  to  accept 
his  thanks .  for  the  measures,  which  have  been  taken  to 
effect  this  important  object.  He  is  only  under  the  neces 
sity  of  representing,  that  no  one  of  the  officers  of  the  King 
can,  and  that  no  American  citizen  will,  take  it  upon  him 
self  to  receive  and  take  care  of  the  provisions  destined 
for  this  purpose.  The  unjust  and  arbitrary  proceedings, 
to  which  they  have  been  exposed,  terrify  them,  and  the 
undersigned  is  obliged  to  request  Congress  to  leave  the 
said  provisions  in  their  own  magazines,  and  in  the  hands 
of  their  own  officers,  till  the  time  of  making  use  of  them 
arrives.  This  request  has  more  particular  reference  to 
the  flour  taken  from  Wilmington,  and  which  has  become 
the  direct  property  of  Congress  by  the  transfer  of  it,  which 
tfce  undersigned  made  to  Congress  in  one  of  his  latest  Me 
morials. 

GERARD. 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  July  26th,  1779. 
Sir, 

The  Minister  Plenipotentiary  of  France  has  the  honor 
to  lay  before  the  Congress  of  the  United  States  of  Amer- 


DIPLOMATIC  CORRESPONDENCE.  325 

ica  the  sequel  of  the  proceedings  inserted  in  the  public 
papers  against  M.  Holker,  Consul  of  the  King,  and  his 
Majesty's  general  Navy  Agent.  The  first  part  of  these 
same  proceedings  is  already  in  the  hands  of  this  august  As 
sembly.  The  Minister  of  France  intended  merely  to  lay 
the  facts  before  them,  and  to  leave  to  their  wisdom  to 
determine  the  measures,  that  they  should  judge  proper  for 
putting  an  end  to  this  offence  ;  but  the  late  unjust,  inju 
rious,  and  incompetent  proceedings,  which  have  been  car 
ried  on  against  a  public  officer  of  the  King  in  relation  to 
the  exercise  of  his  functions,  the  further  dangers  with  which 
he  is  threatened,  the  indirect  consequences,  which  already 
result  from  them  to  the  representative  of  his  Majesty,  and 
those  which  may  result  more  directly  from  the  sentiments 
and  principles  which  are  manifested,  do  not  permit  the 
Minister  any  longer  to  observe  the  same  moderation. 

Congress  have  received  the  credentials  of  the  under 
signed  Minister  in  the  name  of  all  the  United  States.  They 
have  accepted,  and  invested  with  their  authority  the  other 
officers  of  his  Majesty.  It  consequently  belongs  to  Con 
gress  to  protect  them  against  the  attacks,  which  may  be 
made  in  their  persons  on  the  dignity  of  his  Most  Christian 
Majesty,  and  the  laws  common  to  all  nations  governed  by 
the  laws  of  police,  relative  to  the  free  exercise  of  their 
functions.  Congress  is  too  enlightened  to  need  a  comment 
upon  the  insulting  writings,  which  the  Minister  lays  before 
them.  He  merely  requests  them  to  take  into  considera 
tion  the  contents  of  the  letter,  which  the  said  Minister  has 
written  to  the  President  of  the  Executive  Council  of  Penn 
sylvania,  as  well  as  that  which  the  Consul  of  the  King  has 
addressed  to  him.  Copies  of  them  are  annexed.  He  is 
persuaded  that  Congress  will  have  the  less  hesitation  to 


326  GERARD. 

take  this  cause  in  hand,  as  facts  are  involved  in  it  rela 
tive  to  the  secret  of  the  alliance,  which  have  happened  in 
the  sight  and  with  the  consent  of  a  committee ;  and  as 
this  reason  alone  would  justify  them  in  taking  an  exclusive 
cognizance  of  it ;  besides,  the  Consul  of  the  King  will  most 
fully  prove,  if  Congress  think  it  necessary,  that  the  orders 
he  has  given  have  been  exactly  conformable  to  the  agree 
ment  made  with  the  committee,  and  to  the  territorial  laws 
of  the  State  in  which  they  were  executed. 

Agreeably  to  these  considerations,  the  Minister  Pleni 
potentiary  of  France  has  the  honor  to  beg  and  formally  to 
request  the  Congress  of  the  United  States  of  America  ; 

1st.  To  be  pleased  to  take  under  their  special  protec 
tion  the  Consul  of  the  King,  and,  if  circumstances  require 
it,  his  Majesty's  other  officers. 

2dly.  To  cause  the  public  notice  already  given  to  be 
repeated,  that  M.  Holker  has  been  accepted  by  this  august 
body,  and  recognised  as  the  Consul  of  his  Most  Chris 
tian  Majesty. 

3dly.  To  grant  to  this  public  officer,  or  to  procure  for 
him,  justice  and  satisfaction  for  the  attacks  publicly  made 
on  his  honor  and  reputation. 

4thly.  To  declare  that  the  Consul  of  the  King  has  acted 
conformably  to  the  views  and  wishes  of  Congress,  in  seek 
ing  to  procure  provisions  for  the  King's  squadron  by  the 
way  of  trade ;  that  the  condition  of  these  private  purchases 
has  always  been,  that  the  articles  procured  should  remain 
at  the  free  disposal  of  Congress,  either  for  the  army,  or 
for  the  benefit  of  the  public,  and  that  not  a  single  barrel  of 
flour  should  be  exported  without  their  consent  and  formal 
authorisation  ;  that,  in  consequence  of  this  agreement,  the 
undersigned  Minister  has  transferred  to  them  the  hundred 


DIPLOMATIC  CORRESPONDENCE.  327 

and  eightytwo  barrels  bought  at  Wilmington,  and  that  this 
quantity  of  provisions  has,  from  this  time,  become  the 
property  of  the  United  States. 

Finally,  the  undersigned  Minister  requests  Congress  to 
take  the  effectual  measures  that  their  wisdom  shall  dic 
tate,  for  protecting  all  the  officers  of  the  King,  his  master, 
from  every  unjust,  injurious,  and  arbitrary  proceeding,  and 
for  securing  to  them  the  liberty  necessary  for  the  exercise 
of  their  functions,  without  seeing  the  dignity  of  his  Majesty 
and  the  honor  of  his  officers  exposed  to  farther  insults. 

The  justice  of  Congress,  and  their  regard  for  the  honor 
of  a  monarch,  who  is  a  friend  and  ally  of  the  United  States, 
will,  doubtless,  prevent  the  serious  discussions  and  the  mis 
understanding  which  such  proceedings,  if  they  are  not 
promptly  and  authentically  made  amends  for,  would  un 
doubtedly  occasion.  It  is  with  the  most  entire  confidence, 
that  the  undersigned  Minister  places  this  whole  affair  in 

the  hands  of  Congress. 

GERARD. 


The  Papers  referred  to  in  the  foregoing  Memorial. 
No.  1. 

M.   GERARD   TO   THE   PRESIDENT   OF  THE  STATE   OF 
PENNSYLVANIA. 

Translation. 

Philadelphia,  July  26th,  1779. 
Sir, 

M.  Holker,  Navy  Agent  and  Consul  of  the  King,  my 
master,  has  presented  to  me  his  defence  in  relation  to  the 
suspicions,  which  some  have  been  pleased  to  excite  as  to 
his  conduct  concerning  the  subsistence  of  the  French  fleet. 


328  GERARD. 

I  approve  and  confirm  all  the  contents  of  his  letter,  and  i 
declare,  that  he  has  acted  on  this  occasion  in  his  capacity 
of  a  public  man  and  an  officer  of  his  Most  Christian  Maj 
esty,  and  that  all  the  orders  that  he  has  given  for  the  said 
subsistence  have  been  given  under  my  direction,  and  with 
the  consent  and  agreeably  to  the  desire  of  the  committee 
of  the  general  Congress  of  the  United  States. 

I  hope  that  the  defence  of  the  Consul  of  the  King  will 
satisfy  your  Excellency  and  the  Executive  Council  of  this 
Province,  as  well  as  every  honest  and  unprejudiced  man. 
At  any  rate,  M.  Holker  and  all  the  other  consuls  and 
officers  of  his  Most  Christian  Majesty  scattered  throughout 
America,  will  always  be  ready,  when  they  shall  be  prop 
erly  requested,  to  answer  as  to  anything  that  shall  relate 
to  the  law  of  the  country.  It  is  the  serious  will  of  his  Maj 
esty  ;  his  representatives  are  ordered  to  see  to  it ;  and  it 
is  for  this  reason,  that  the  offers  of  M.  Holker  have  antici 
pated  your  wishes  in  this  respect.  But,  Sir,  in  paying 
this  just  tribute  to  the  sovereignty  and  to  the  territorial 
law,  I  must  have  the  honor  of  observing  to  you,  that  there 
is  no  civilized  nation  where  the  agents  and  public  servants 
of  a  foreign  sovereign  do  not  enjoy  immunities  and  exemp 
tions,  which  by  the  unanimous  consent  of  these  nations 
have  been  regarded  as  indispensably  necessary  for  the  free 
exercise  of  their  functions  ;  even  when  they  act  contrary 
to  the  law  of  the  country,  care  is  taken,  and  caution  used, 
in  order  not  to  wound  the  dignity  of  their  constituents,  and 
not  lightly  to  injure  the  public  character  of  their  officers. 
If  they  have  acted  only  in  their  official  capacity,  people 
have  neither  the  right  nor  the  power  to  set  themselves  up 
for  judges  ;  but  if  there  are  evident  proofs,  they  are  trans 
mitted  to  the  superior  officer,  if  there  is  one  in  the  country, 


DIPLOMATIC  CORRESPONDENCE.  329 

and  it  may  be  to  the  sovereign  himself,  and  it  is  for  him  to 
cause  satisfaction  to  be  made,  or  the  proper  punishments  to 
be  inflicted. 

These  officers,  moreover,  cannot  be  subjected  to  any 
inspection  or  inquisition  with  regard  to  the  execution  of 
their  public  functions,  except  to  that  of  their  own  sovereign 
and  his  representatives ;  it  does  not  belong  to  any  one 
whatsoever  to  assume  in  this  respect  a  power  and  an  au 
thority,  which  would  become  an  attack  on  the  rights  of  the 
sovereign  of  another  country,  and  an  injury  to  its  represen 
tatives.  This  would  be  a  violation  of  the  laws  common  to 
nations  governed  by  the  laws  of  police,  and  a  manifest  in 
fraction  of  the  principles  upon  which  the  mutual  and  neces 
sary  communication  between  friendly  nations  is  founded, 
and  without  which  the  appointment  and  the  residence  of 
the  respective  public  officers  would  become  dangerous  and 
impossible,  if  in  any  country  whatever  these  principles 
were  not  acknowledged,  or  if  any  person  pretended,  with 
out  the  consent  of  a  sovereign,  to  set  up  for  a  guardian 
of  his  officers,  and  to  censure  and  condemn  their  conduct 
in  his  name,  or  under  the  pretext  of  his  interest.  If 
this  usurped  power  extended  even  to  actions,  the  scene  of 
which  was  without  the  territory  of  the  State ;  if  it  were 
allowable  to  take  the  property  of  a  sovereign  by  force  from 
the  place  of  deposit,  notwithstanding  the  protest  of  the 
civil  magistrate,  and  in  a  foreign  State,  to  which  alone 
it  would  belong  to  protest  against  the  violence  of  its  laws ; 
in  fine,  if  after  assuming  the  pretext  of  taking  care  of  his 
interests,  any  one  should  dare  to  sentence  explicitly  or  by 
implication  a  foreign  King  to  pay  a  penalty  or  fines,  and  if 
the  public  officers  were  represented  as  enemies  of  the 
country,  even  while  they  were  employed  in  affairs  of  the 
VOL.  x.  42 


330  GERARD, 

utmost  secrecy  and  of  the  greatest  importance  for  this  very 
country's  own  interest,  they  would  then  he  deprived  of  the 
liberty,  which  every  citizen  and  every  other  stranger  en 
joys  ;  while,  on  the  other  hand,  the  terrified  citizens  would 
refuse  to  take  part  in  any  affair  relating  to  this  power,  in 
order  to  preserve  their  reputation  and  tranquillity.  These 
officers  would  then  be  prevented  from  fulfilling  their  duties 
to  their  master,  particularly  if  the  crime  of  falsehood  were 
publicly  imputed  to  them  while  their  title  and  quality  were 
called  in  question,  although  publicly  and  authentically  ac 
knowledged  by  all  the  powers  of  the  country.  Such  con 
duct  would  be  a  marked  insult,  and  this  situation  very  near 
to  a  state  of  hostilities  would  tend  to  destroy  all  confi 
dence,  all  commerce,  and  all  correspondence  between  the 
two  friendly  and  allied  nations ;  and  there  would  remain 
only  one  course  to  be  pursued  by  the  representatives  of 
that  which  should  be  injured,  and  which  could  not  obtain 
immediate  satisfaction  ;  namely,  that  of  seeking  an  asylum 
in  a  country  where  the  respect  which  a  nation  owes  to  an 
independent,  friendly,  and  allied  power,  as  well  as  to  its 
representatives,  is  known,  and  where,  by  conforming  to 
the  territorial  laws,  one  can  rely  upon  the  effectual  protec 
tion  of  the  sovereign,  against  every  injurious,  violent,  and 
arbitrary  proceeding. 

My  duty,  Sir,  places  me  under  the  necessity  of  offering 
these  remarks  to  your  Excellency  and  the  Executive 
Council.  Having  no  direct  credentials  for  the  Republic 
of  Pennsylvania,  I  cannot  demand  reparations  from  it  as  a 
Minister,  and  I  can  only  address  myself  to  the  Congress  of 
the  United  States,  forasmuch  as  the  facts  in  question  have 
all  happened  under  its  sanction  and  by  its  authorisation ; 
but  my  desire  to  preserve  the  decency,  harmony,  and  good 


DIPLOMATIC  CORRESPONDENCE.  331 

understanding,  whjch  ought  to  prevail  between  two  allied 
States,  will  justify  me  in  earnestly  requesting  your  Excel 
lency  and  the  Executive  Council  to  take  immediately  into 
consideration  the  preceding  observations,  and  without  delay 
to  communicate  to  rne  your  opinion  on  this  subject.  An 
explicit  and  positive  answer  is  indispensable  in  this  deli 
cate  and  critical  juncture,  in  order  that  I  may  take  the 
measures  suitable  to  the  dignity  of  the  King,  my  master,  as 
well  as  to  the  tranquillity  and  to  the  honor  of  his  officers  of 
all  ranks  and  denominations,  and  at  all  events  to  enable  his 
Majesty  to  provide  himself  for  the  maintenance  of  his 
dignity.  Meanwhile  I  give  orders  to  suspend  every  pro 
ceeding  susceptible  of  new  inconveniences,  and  every  ope 
ration  in  the  State  of  Pennsylvania  on  account  of  his  Most 
Christian  Majesty  on  the  part  of  his  officers,  until  the  rules 
to  which  they  are  to  conform  shall  be  known  and  fixed, 
and  till  the  public  is  convinced  that  the  citizens  do  not 
expose  their  honor  and  their  tranquillity,  when  they  treat 
with  the  officers  of  the  King,  and  when  they  conform  to 

the  laws  of  their  States. 

GERARD. 


No.  2. 

M.    HOLKER    TO    JOSEPH    REED,    PRESIDENT    OF    PENNSYL 
VANIA. 

Translation. 

Philadelphia,  July  24th,  1779. 
Sir, 

1  have  the  honor  of  forwarding  to  your  Excellency  Mr 
Dunlap's  publication  of  this  day,  in  which  I  find,  with 
some  degree  of  surprise,  a  paragraph  levelled  at  me  and 


332  GERARD. 

my  official  transactions.  I  observe  that  notwithstanding  the 
most  explicit  and  repeated  offers  I  made  to  you  yesterday 
morning,  and  through  you  to  the  honorable  the  Supreme 
Executive  Council  of  this  State,  of  proving  that  I  had  not 
in  any  shape  violated  or  infringed  the  laws  of  Pennsyl 
vania,  that  I  had  acted  in  perfect  conformity  therewith ; 
notwithstanding  I  solemnly  declared  that  the  flour  seized 
was  bought  and  destined  for  the  sole  use  of  his  Majesty's 
fleet ;  notwithstanding  the  many  and  forcible  reasons  urged 
to  your  Excellency  to  convince  you  that  more  proper  and 
more  decent  measures  might  have  been  pursued,  and  that 
the  steps  I  had  taken  to  supply  his  Majesty's  fleet  were 
not  only  proper,  but  were  dictated  by  mere  necessity  j 
notwithstanding  all  these  circumstances,  I  am  still  held  up 
to  the  public  in  a  suspicious  light,  and  as  if  I  were  answer 
able  or  accountable  for  the  private  and  personal  transac 
tions  of  Mr  Rumford  of  Wilmington,  transactions  totally 
foreign  to  me  and  to  the  instructions  or  orders  given  him 
by  me. 

My  application  to  you,  Sir,  in  this  respect,  seems  to 
have  been  so  far  ineffectual,  as  also  your  just  and  pointed 
representation  on  this  subject,  which  you  were  pleased  to 
communicate  to  me  by  your  letter  of  this  day.  I  am 
sorry  to  remark,  that  though  I  have  acted  in  concert  with 
his  Excellency,  our  Minister  Plenipotentiary,  that  Con 
gress  has  always  been  apprised  of  the  purchases  made  by 
my  orders  ;  though  all  the  provisions  purchased  and  de 
livered  into  the  hands  of  my  agents  have  been  at  all  times 
at  the  disposal  of  Congress  in  consequence  of  express 
stipulations ;  though  I  have  given  with  pleasure  the  widest 
room  for  inquiry  into  the  grounds  of  all  suspicions,  in  order 
that  a  thorough  investigation  might  establish  public  tranquil- 


DIPLOMATIC   CORRESPONDENCE.  333 

lity  and  public  confidence,  which  I  had  the  greatest  reason 
to  expect,  because  it  is  evident,  even  by  the  publications, 
that  not  a  single  suspicion  was  founded  on  solid  ground, 
but  merely  on  surmise ;  still  his  Majesty's  representative  in 
this  Commonwealth,  his  Agent  General  in  all  the  ports  of 
the  United  States,  acknowledged  as  such  by  Congress,  by 
yourself,  and  the  board  at  which  you  preside,  specially 
charged,  in  conjunction  with  the  Minister  Plenipotentiary, 
with  procuring  the  necessary  supplies  for  his  Majesty's 
squadron,  expressly  fitted  out  for  the  defence  of  these 
States  against  the  common  enemy,  and  for  the  protection 
of  his  dominions  in  America,  acting  in  the  strict  line  of  his 
office  and  duty,  is  most  wantonly  traduced  to  the  public, 
branded  with  the  most  injurious  and  unfair  imputations  in 
the  newspapers  published  in  this  very  city,  where  these 
facts  and  my  public  character  are  most  notorious,  under 
your  eyes,  with  your  knowledge,  and  in  contradiction  to 
your  personal  advice  and  disapprobation. 

I  need  not  expatiate  on  the  evil  consequences,  that  may 
arise  from  such  illiberal  aggression.  I  need  not  claim, 
your  interposition.  But  the  reasons  I  gave  you  yesterday, 
becoming  every  instant  more  forcible  and  more  pressing, 
it  is  necessary  that  I  demand  the  most  immediate  exer 
tions  of  government  on  this  occasion. 

It  is  with  the  utmost  reluctance  I  sit  down  to  appeal  in 
this  solemn  manner  to  the  Executive  power  of  Pennsyl 
vania  for  justice,  lest  my  request  may  be  construed  an 
opposition  to  the  respectable  motives  of  the  informers  on 
my  conduct ;  but  I  am  accountable  to  my  royal  master  for 
my  actions,  and  obliged  to  exact  that  respect  due  to  his 
representative  in  this  State,  and  to  support  the  dignity  of 
the  character  with  which  he  has  been  pleased  to  invest  me. 


334  GERARD. 

Therefore,  it  is  in  compliance  with  my  duty,  that  1  sub 
mit  these  facts  and  the  repeated  insults  I  meet  with,  to  the 
reflections  of  your  Excellency  and  Council,  relying  fully 
on  your  sense  of  propriety,  and  on  your  exertions  on  this 
occasion,  as  in  all  others,  where  I  have  applied  for 
redress.* 

I  remain  with  respect,  your  Excellency's  most  obedient 
and  humble  servant. 

HOLKER. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  July  28th,  1779. 
Sir, 

The  Minister  Plenipotentiary  of  France  thinking  it 
necessary  to  lay  before  Congress  all  the  information  rela 
tive  to  the  affair  of  the  flour  from  Wilmington,  has  the 
honor  to  annex  the  copy  of  a  letter,  which  the  President 
of  the  Executive  Council  of  Pennsylvania  has  written  to 
M.  Holker,  as  well  as  of  the  three  pieces,  which  were  an 
nexed  to  this  letter,  and  of  which  this  Consul  has  informed 
the  said  President  that  he  retained  a  copy. 

The  undersigned  Minister  must  at  the  same  time  have 
the  honor  to  represent  to  Congress,  that  he  is  informed 
that  there  will  be  a  new  meeting  of  the  city  on  Monday 
morning,  and  that  the  critical  state  of  affairs  seems  to  re 
quire,  that  it  should  be  seen  fit,  before  this  time,  to  take 
some  effectual  measures  conformable  to  the  petition  and  to 
the  request,  which  he  has  had  the  honor  to  address  to 

*  The  publications  relative  to  these  complaints  are  found  in  the 
Pennsylvania  Packet  of  Saturday,  July  24th,  1779. 


DIPLOMATIC  CORRESPONDENCE.  335 

Congress.  Otherwise  the  undersigned,  and  the  other  offi 
cers  of  the  King,  would  have  no  protection  and  no  security 
against  the  effects  of  the  unjust,  injurious  and  violent 
principles  and  proceedings,  of  which  the  said  Minister  has 
complained  ;  and  he  would  be  compelled  to  leave  Phila 
delphia  and  Pennsylvania,  in  order  to  seek  an  asylum  in 
another  State,  where  liberty  and  protection  could  be  se 
cured  to  him,  till  he  could  receive  the  orders  of  the  King, 
his  master. 

GERARD. 


Copies  of  the  Papers  enclosed  in  the  above  Letter. 
No  1. 

JOSEPH    REED    TO    M.    HOLKER. 

Philadelphia,  July  24th,  1779. 
Sir, 

After  the  visit  you  favored  me  with  yesterday,  and  in 
consideration  of  the  point  on  which  we  conversed,  I  wrote 
the  letter  enclosed,  and  about  six  o'clock  the  answer,  also 
enclosed,  was  delivered  me.  I  informed  the  gentlemen, 
two  of  the  committee,  that  I  had  seen  you  that  morning, 
that  you  conceived  yourself  able  to  remove  the  imputations 
conveyed  in  their  representations,  and  had  requested  the 
Council  to  point  out  the  parts  of  your  conduct,  on  which 
doubts  might  arise.  The  gentlemen  promised  me  they 
would  inform  the  other  gentlemen  of  what  I  had  repre 
sented  ;  and  also  that  I  still  thought  there  would  be  an  im 
propriety  in  making  the  publication  in  the  present  circum 
stances.  I  observe  this  morning,  that  the  gentlemen  have 
been  of  a  different  opinion,  .doubtless  deeming  themselves 


336  GERARD. 

under  a  public  obligation  to  communicate  the  transaction 
to  the  world  without  delay. 

I  have  the  honor  to  be,  &c. 

JOSEPH  REED. 

P.  S.  Not  having  any  copies  of  the  enclosed,  I  must 
beg  you  to  return  them  after  perusal. 

No.  2. 

In  Council,  Philadelphia,  July  23d,  1779. 

A  paper,  dated  in  committee,  and  signed  William  Henry, 
chairman,  in  answer  to  the  reference  made  by  this  Board 
on  the  14th  instant,  having  been  read, 

Ordered,  that  the  Secretary  do  write  to  the  said  Mr 
Henry  to  inform  him,  that  the  papers  alluded  to  in  said 
answer  did  not  accompany  it,  and  to  desire  that  they  may 
be  forwarded  as  soon  as  convenient. 

The  President  having  informed  this  Board,  that  M.  Hol- 
ker  had  conferred  with  him  on  the  above  representation, 
and  showed  a  copy  thereof  received  by  him  (M.  Holker) 
from  the  committee,  and  requested  that  this  Board  would 
point  out  such  parts  thereof  as  may  appear  to  convey  any 
imputations  upon  him,  or  distrust  of  his  faithful  perform 
ance  of  his  duty  as  a  public  officer, 

Ordered,  that  the  said  paper  be  further  considered  to 
morrow,  that  a  proper  answer  may  be  given  to  the  said 
request. 

Extract  from  the  minutes, 

JAMES  TRIMBLE, 

for  T.  MATLACK,  Secretary. 


DIPLOMATIC  CORRESPONDEiNCE.  337 

No.  3. 

JOSEPH     REED    TO     WILLIAM    HENRY,     CHAIRMAN    OF    THE 
COMMITTEE. 

Walnut  Street,  July  23d,  1779. 
Sir, 

I  received  this  morning  the  report  of  the  committee  on 
the  affairs  of  M.  Holker,  which  by  a  particular  accident  I 
was  prevented  from  laying  before  the  Council  this  morning. 
I  observe  it  is  proposed  to  publish  it,  but  I  presume  this 
does  not  mean  an  immediate  publication,  as  there  will  be 
an  indelicacy  and  violation  of  usual  forms  to  do  this,  until 
a  return  has  been  officially  made  thereupon  by  us  to  Con 
gress,  through  whom  the  matter  came  to  us.  In  all  cases 
of  petitions  or  other  papers,  to  be  presented  to  any  public 
body,  I  take  it  to  be  a  standing  rule,  that  the  matter  shall 
be  first  communicated  to  them,  before  it  is  published  to 
the  world.  As  I  observe  you  have  sent  a  copy  to  M. 
Holker,  I  presume  it  is  intended  thereby  to  give  him  an 
opportunity  to  explain,  deny,  or  admit,  such  a  part  of  it  as 
he  may  think  proper  to  do.  A  publication  will  in  some 
measure  debar  him  from  this,  whereas  at  a  future  day,  if 
the  publication  is  still  thought  necessary,  the  whole  may  he 
given  together ;  at  all  events,  it  will  be  the  duty  of  the 
Council  to  make  some  report  to  Congress,  in  which  this 
narration  will  appear.  As  to  the  flour  itself,  perhaps  there 
may  be  no  inconvenience  in  letting  it  remain  a  few  days 
in  its  present  condition.  My  earnest  wish  is,  that  this  busi 
ness  may  be  conducted  without  fear,  favor,  or  partiality, 
to  the  real  interests  of  the  community,  all  first  suspicions 
converted  into  solid  proof,  and  those  of  a  contrary  kind 
effectually  banished. 
VOL.  x.  43 


338  GERARD. 

The  good  sense  of  the  gentlemen  to  whom  I  address 
myself  will,  I  am  persuaded,  make  the  necessary  and  pres 
ent  distinction  between  persons  acting  in  a  public  capacity 
and  character,  especially  of  another  nation,  and  our  own 
citizens,  who  are  to  stand  or  fall  by  their  own  laws,  and 
the  estimation  of  their  countrymen. 
I  am,  Gentlemen,  &c. 

JOSEPH  REED. 

No.  4. 

WILLIAM    HENRY    TO    JOSEPH    REED. 

Friday  Afternoon,  5  o'clock,  Committee  Room. 

Sir, 

We  had  the  honor  of  your  favor  of  this  morning,  and 
beg  leave  to  observe  in  answer  thereto,  that  Mr  Morris 
having  already  published  an  account  of  the  flour,  both  in 
behalf  of  himself  and  M.  Holker,  as  may  be  judged  by  his 
publishing  M.  Holker's  letters,  and  that  publication  being 
prior  to  any  report  from  the  Council  to  Congress,  we 
conceive  there  can  be  no  impropriety  in  our  now  taking  the 
matter  publicly  up.  Besides  which,  we  apprehend  our 
selves  laid  under  an  immediate  necessity  to  give  satisfac 
tion  to  our  fellow  citizens  on  the  subject,  and  to  publish 
our  proceedings  for  the  previous  consideration  of  the  meet 
ing  on  Monday. 

M.  Holker,  we  conceive,  ought  in  justice  to  himself  to 
have  appealed  to  the  Council  agreeably  to  the  resolution 
of  Congress,  which  he  has  not  done.  We  have  deferred 
the  matter  to  the  last  moment,  and  cannot  now,  without 
exposing  the  reputation  of  the  committee,  defer  it  longer. 

Your  Excellency  is  sensible  that  nothing  but  the  most 


DIPLOMATIC  CORRESPONDENCE.  339 

pressing  necessity  could  induce  us  to  depart  from  the 
advice  you  are  pleased  to  give,  and  we  request  you  to 
accept  the  reasons  we  have  assigned  as  an  apology  for  so 
doing. 

By  order  of  the  committee. 

I  have  the  honor  to  be  your  Excellency's  most  obedient, 
humble  servant, 

WILLIAM  HENRY,   Chairman. 


All  the  above  memorials,  letters,  and  papers  received 
from  the  Minister  this  day,  were  referred  to  a  committee 
of  five,  namely,  Mr  Huntington,  Mr  Laurens,  Mr  Smith, 
Mr  Morris,  and  Mr  Kean,  who  were  instructed  to  confer 
with  the  President  and  the  Supreme  Executive  Council  of 
the  State  of  Pennsylvania  and  with  the  Minister  and  Con 
sul  of  France,  and  to  prepare  and  report  a  state  of  facts, 
together  with  their  opinion  of  the  measures  proper  for 
Congress  to  adopt  thereupon. 


M.    HOLKER    TO    M.    GERARD. 

Translation. 

Philadelphia,  July  29th,  1779. 
Sir, 

1  have  the  honor  to  send  you  the  several  annexed  cer 
tificates,  which  have  been  sent  to  me  by  Mr  Rurnford  of 
Wilmington.  As  these  papers  have  a  direct  relation  to 
the  conduct  of  Mr  Rumford,  and  to  the  seizure  made  of 
the  flour  bought  by  him  for  the  King's  squadron,  and  as 
they  may  give  room  for  fuller  information,  as  well  with  re 
gard  to  my  transactions  as  to  that  of  this  commissary,  or  of 


340  GERARD, 

every  one  else,  in  relation  to  the  said  flour  seized,  I  think 
it  my  duty  to  request  you  to  transmit  them  as  soon  as  pos 
sible  to  Congress,  informing  that  body  that  I  have  sent 
duplicates  of  them  to  the  Council  of  the  State  of  Pennsyl 
vania.  I  hope  that  there  will  be  found  in  them  proofs  of 
the  desire,  which  has  always  animated  me  to  conform  in 
everything  to  the  resolutions  or  recommendations  of  Con 
gress,  as  well  as  to  dispel  all  the  doubts  or  suspicions 
which  insinuations,  assertions,  or  publications  could  have 
shed  upon  me.  I  dare  even  flatter  myself,  that  I  shall  at 
last  receive  the  satisfactory  testimonial,  to  which  my  con 
duct,  my  transactions,  public  or  private,  in  everything  that 
can  concern  the  United  States  of  America,  seem  to  entitle 
me  on  th  e  part  of  Congress. 

I  am,  Sir,  respectfully,  your  obedient  humble  servant, 
^  HOLKER. 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  July  30th,  1779. 
Sir, 

Mr  Rumford  has  sent  to  the  Consul  of  the  King  some 
new  documents,  which  throw  great  light  on  the  affair  of 
the  flour  from  Wilmington.  I  have  the  honor  to  forward 
them  to  you,  in  the  hope  that  you  will  be  pleased  to  lay 
them  before  Congress,  as  well  as  the  letter  of  M.  Holker, 
which  accompanies  them. 

I  have  the  honor  to  be,  with  the  greatest  respect,  Sir, 
your  most  humble  and  obedient  servant, 

GERARD. 


DIPLOMATIC  CORRESPONDENCE.  341 

In  Congress,  July  30th,  1779. 

The  above  papers  were  referred  to  the  committee  of  five, 
before  mentioned,  who  on  the  2d  of  August  delivered  in  a 
report,  whereupon  Congress  came  to  the  following  resolu 
tions  ) 

Resolved,  That  the  .Minister  of  France  be  assured,  that 
Congress  will  at  all  limes  afford  every  countenance  and 
protection  to  the  Consuls  and  other  servants  of  his  Most 
Christian  Majesty,  with  the  powers  and  authorities  to  them 
delegated  by  their  constituents. 

That  the  several  appointments  of  Consuls  made,  and 
which  may  hereafter  be  made  and  approved  by  Congress, 
be  duly  registered  in  the  Secretary's  office,  and  properly 
notified  by  the  President  to  the  Executive  authorities  of 
the  respective  States  in  whose  ports  such  Consuls  may 
reside. 

That  the  measures  taken  by  M.  Holker  to  procure  flour 
for  the  fleet  of  his  Most  Christian  Majesty  in  the  way  of 
commerce,  have  from  time  to  time  been  made  known 
unto,  and  been  fully  approved  by  Congress;  that  the 
several  proceedings  and  publications  complained  of  by 
the  Minister  on  that  subject  are  very  injurious  to  the  ser 
vants  of  his  said  Majesty,  and  that  Congress  do  highly  dis 
approve  of  the  same. 

That  the  President  and  Supreme  Executive  Council  of 
Pennsylvania  be  informed,  that  any  prosecutions  which  it 
may  be  expedient  to  direct  for  such  matters  and  things  in 
the  said  publications  or  transactions,  as  may  b^  against  the 
laws  of  nations,  shall  be  carried  on  at  the  expense  of  the 
United  States. 

That  the  Minister  of  France  be  informed  that  the  Presi- 


342  GERARD. 

dent  and  Supreme  Executive  Council  of  Pennsylvania 
have  taken  proper  measures  to  restore  the  flour  taken 
from  the  agents  of  M.  Holker. 


THE  PRESIDENT  OF  PENNSYLVANIA  TO  M.  GERARD. 

In  Council,  Philadelphia,  July  31st,  1779. 

Sir, 

I  have  now  the  honor  of  addressing  you  in  answer  to  the 
representation  you  were  pleased  to  make  to  this  Board  on 
the  24th  instant.  When,  to  every  principle  of  public  affec 
tion,  policy,  and  justice,  there  is  added  our  experience  of 
your  personal  friendship  to  America,  and  your  atta»hment 
and  engaging  deportment  to  the  citizens  of  Pennsylvania  of 
every  rank,  all  professions  on  our  part  to  make  your  resi 
dence  in  the  State  happy,  easy,  and  honorable,  must  be 
unnecessary.  It  is  not  easy,  therefore,  for  us  to  find  lan 
guage  to  express  our  concern  at  any  transaction  which 
may  disturb  your  repose,  and  interrupt  the  exercise  of 
those  functions  discharged  with  so  much  honor  to  yourself 
and  satisfaction  to  those,  who  are  called  to  take  any  part  in 
public  affairs. 

In  some  communications  which  the  Honorable  Congress 
have  been  pleased  to  make  to  us,  we  also  see,  with  great 
concern,  that  apprehensions  are  expressed,  the  reality  of 
which  we  should  deplore  as  an  evil  of  the  first  magnitude. 
Be  assured,  Sir,  that  the  citizens  of  Philadelphia,  and  of 
Pennsylvania,  cannot  entertain  sentiments  so  unworthy  ;  but 
if  there  are  any  so  lost  to  every  sense  of  propriety,  decency, 
and  order,  the  authority  of  the  State  has  power  equal  to 
its  inclination  to  check  and  suppress  so  licentious  and 
wicked  a  procedure. 


DIPLOMATIC  CORRESPONDENCE.  343 

We  entreat  you,  therefore,  to  dismiss  every  idea  so 
painful  and  so  dishonorable  to  us  as  that  of  personal  insult, 
and  repose  confidence  in  us  when  we  confirm  to  you  our 
assurances  of  the  affection,  respect,  and  esteem  of  our 
constituents.  And  if  there  are  any  persons,  who  presume 
to  insinuate  dangers  of  outrages,  as  suggested  in  your  rep 
resentations,  we  most  earnestly  request  you  to  consider  them 
either  as  ignorant  of  the  real  sentiments  of  those  of  whom 
they  speak,  or  as  acting  from  less  honorable  motives. 

I  have  now  the  honor  of  acquainting  you,  that  upon  the 
requisition  of  this  Board,  the  flour  in  question,  and  which 
has  given  rise  to  this  unhappy  discussion,  is  delivered  up 
to  this  Board,  and  that  it  is  ready  to  be  put  into  the  dis 
posal  of  M.  Holker,  or  any  person  he  may  direct,  for  the 
purposes  of  its  original  destination,  without  any  condition 
or  restriction,  a  measure,  which  we  hope  both  as  to  you 
and  himself,  will  be  considered  as  a  relinquishment  of 
those  terms,  which  form  a  ground  of  your  complaint. 
Our  desire  to  make  the  most  early  and  explicit  avowal  of 
our  sentiments  and  intentions  has  induced  us  to  make  this 
communication,  at  the  same  time  all  other  business  being 
laid  aside,  we  are  considering  the  papers  which  touch  the 
character  of  M.  Holker,  upon  which  we  shall,  without 
delay,  address  ourselves  to  the  Honorable  Congress  of  the 
United  States,  through  whom  those  communications  have 
been  made  to  us,  and  we  trust  it  will  fully  appear,  that  a 
veneration  for  the  Prince,  whose  servant  he  is,  respect  to 
your  interposition,  justice  to  him,  and  a  due  regard  to  the 
rights  and  interests  of  this  State,  have  influenced  our  de 
termination. 

.    We    observe  all  the  papers  respecting  this  transaction 
have  been  transmitted  to  you,  except  a  resolution  of  this 


344  GERARD. 

Board  passed  on  the  14th  instant,  which,  probably,  by 
some  accident  has  been  omitted.    I  have  now  the  honor  of 
enclosing  it,  that  every  proceeding  may  be  fully  before  you. 
Signed  in  and  by  order  of  Council. 

JOSEPH  REED,  President. 

In  Congress.  On  the  4th  of  August  the  committee  to 
whom  was  referred  the  Memorial  of  the  Minister,  relative 
to  the  ship  Mary  and  Elizabeth's  cargo,  delivered  in  a  re 
port,  whereupon, 

Resolved,  That  Congress  do  not  entertain  any  suspi 
cion,  that  M.  Holker,  agent  of  the  marine  of  his  Most 
Christian  Majesty,  had  any  participation  in,  or  knowledge 
of,  the  shipping  of  provisions  on  private  account  on  board 
vessels  despatched  in  the  name  of  his  Most  Christian 
Majesty. 

Resolved,  That  frauds  by  masters  and  shippers  are 
offences  against  the  municipal  laws,  and  are  to  be  investi 
gated  by  the  magistrates  of  the  States  respectively. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  August  5th,  1779. 
Sir, 

I  have  received  with  gratitude  the  resolution  of  Con 
gress,  which  you  were  so  kind  as  to  send  me  yesterday. 
1  express  my  sentiments  on  this  subject  in  the  annexed 
Memorial,  which  I  request  you  to  be  pleased  to  lay  before 
Congress. 

I  have  the  honor  to  be,  with  the  greatest  respect,  Sir, 
your  most  obedient  and  humble  servant, 

GERARD, 


DIPLOMATIC   CORRESPONDENCE.  345 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  August  5th,  1779. 

Sir, 

The  Minister  Plenipotentiary  of  France  is  eager  to 
thank  Congress  for  the  readiness  with  which  they  have 
been  pleased  to  yield  to  his  representations  of  the  26th  of 
last  month. 

The  resolutions,  which  have  been  communicated  to  the 
undersigned  in  the  name  of  Congress,  appear  to  him  to 
leave  nothing  to  be  desired  ;  he  only  hopes  that  the  public 
will  be  informed  of  the  opinions  of  Congress,  in  whatever 
form  they  shall  think  the  most  suitable  ;  and  the  Minister 
Plenipotentiary  is  persuaded,  that  his  Court  will  regard 
the  said  resolutions  as  a  suitable  and  sufficient  satisfaction 
for  the  proceedings  which  they  condemn,  and  the  offence 
which  has  resulted  from  them. 

It  is  under  this  impression,  that  the  undersigned  Minister 
takes  the  liberty  to  request  Congress  not  to  carry  into  ex 
ecution  that  one  of  their  resolutions  which  orders,  that  those 
who  on  this  occasion  may  have  violated  the  laws  of  na 
tions  shall  be  prosecuted.  The  King's  greatness  of  mind 
forbids  his  Minister  to  insist  upon  such  a  measure.  Be 
tween  nations  closely  connected  by  the  most  powerful 
motives  of  friendship  and  interest,  even  the  most  lawful 
reparations  ought  always  to  stop  short  of  revenge.  It  is 
sufficient  to  undeceive  the  public,  and  to  restrain  the  evil- 
disposed  men,  who  sometimes  conceal  themselves  under 
the  pretence  of  the  common  good.  The  said  Minister, 
consequently,  earnestly  requests  Congress  to  stop  the  said 
VOL.  x.  44 


346  GERARD. 

prosecutions,  and  he  dares  hope  this  from  the  modera 
tion  of  Congress,  provided  that  motives  foreign  to  France 
and  independent  of  the  present  affair  do  not  cause  this 
august  body,  or  the  Executive  Council  of  Pennsylvania,  to 
see  in  this  indulgence  inconveniences,  which  are  out  of  the 
sphere  of  the  undersigned  Minister. 

GERARD. 

In  Congress,  August  9th,  1779, 

Resolved,  that  the  Minister  of  France  be  informed, 
that  the  resolutions  alluded  to  in  his  Memorial  of  the  5th 
instant  will  be  published  in  the  journals  of  Congress,  and 
that  in  the  meantime  he  consider  himself  at  liberty  to 
make  such  use  of  the  copies  transmitted  to  him,  as  he  may 
think  expedient. 

TO    THE    PRESIDENT    OP    CONGRESS. 

Translation. 

Philadelphia,  August  llth,  1779. 

Sir, 

It  is  with  the  greatest  regret  that  I  learn,  that  the 
attempt  made  at  Martinique  to  obtain  military  stores  has 
been  fruitless.  You  will  see  the  reasons  of  it  in  the  letter 
of  the  Marquis  de  Bouille,  which  I  have  the  honor  to  send 
you.  Nothing  but  the  impossibility  of  the  thing  could  pre 
vent  the  servants  of  the  King  from  rendering  all  possible 
services  to  the  American  cause,  and  compel  them  to  delay 
complying  with  the  requests  of  Congress. 

I  have  the  honor  to  be,  with  the  greatest  respect,  Sir, 
your  most  humble  and  most  obedient  servant. 

GERARD. 


DIPLOMATIC  CORRESPONDENCE.  347 

THE    MARQUIS    DE     BOUILLE    TO    M.    GERARD. 

Translation. 

Martinique,  July  llth,  1779. 

Sir, 

I  have  received  the  letter,  which  you  did  me  the  honor 
to  write  on  the  8th  of  June,  in  which  you  inform  me  of  Con 
gress'  want  of  powder.  1  am  very  sorry  that  the  supplies 
for  this  colony,  which  are  much  less  than  they  ought  to  be, 
will  not  permit  me  to  furnish  any  to  the  United  States  of 
America.  The  immense  and  unforeseen  consumption  oc 
casioned  by  Count  d'Estaing's  fleet,  and  his  unhappy 
expedition  against  St  Lucia,  have  laid  me  under  the  ne 
cessity  of  purchasing  up  all  the  powder  in  the  hands  of 
merchants  to  the  amount  of  fifty  thousand  pounds,  and 
you  must  be  sensible,  that  nothing  but  the  most  urgent 
necessity  could  have  induced  me  to  go  to  such  expense  on 
account  of  the  King,  at  a  time  when  I  am  in  so  much  want 
of  money.  Mr  Bingham  who  is  here,  an  agent  of  Con 
gress,  will  be  able  to  purchase  lead  of  the  merchants.  As 
to  arms  they  are  become  scarce. 

I  have  the  honor  to  be,  &c.  , 

BOUILLE. 

P.  S.  I  beg  of  you,  Sir,  to  use  all  your  efforts,  that 
we  may  receive  as  much  provisions  as  possible  before  the 
month  of  November  next  at  farthest,  and  cause  them  to 
be  addressed  to  me  either  at  Fort  Royal,  at  St  Pierre,  or 
at  Trin'te  in  this  Island,  and  that,  you  would  not  let  the 
price  of  freight  prevent  you.  You  will  thereby  do  us  the 
most  essential  service. 


348  GERARD. 

In  Congress,  August  23d,  1779. 

Resolved  unanimously,  that  a  committee  consisting 
of  one  member  from  each  State  be  appointed  to  con 
gratulate  the  Minister  of  France  on  the  anniversary 
of  the  birth  of  his  Most  Christian  Majesty,  and  to 
assure  him  that  the  pleasure,  which  we  feel  on  this 
occasion,  can  be  estimated  by  those  only  who  have  a 
just  sense  of  the  extensive  blessings,  which  many  na 
tions  have  already  derived  -from  his  wisdom,  justice, 
and  magnanimity,  and  of  the  prospect  of  general  hap 
piness  to  mankind  through  the  influence  of  his  Maj 
esty's  virtuous  exertions  and  glorious  example. 


M.  GERARD  TO  THE  COMMITTEE  OF  CONGRESS. 

Translation. 

Philadelphia,  August  23d,  1779. 

Gentlemen, 

The  manner  in  which  Congress  are  pleased  to  ex 
press  their  sentiments  on  the  occasion  of  the  anniver 
sary  of  the  birth  of  the  King,  my  master,  is  a  mark  of 
their  friendship  and  respect  for  his  Majesty.  Your 
expressions  are  truly  worthy  of  a  faithful  ally,  and  I 
dare  assure  you,  that  the  account,  which  I  shall  ren 
der  to  his  Majesty  of  them,  will  be  in  the  highest 
degree  agreeable  to  him. 

GERARD. 


DIPLOMATIC  CORRESPONDENCE.      349 


THE  COUNT  DE  VERGENNES  TO  M.  GERARD. 

In  Congress,  September  1th.  The  President  laid 
before  Congress  a  paper  of  intelligence,  which  he  re 
ceived  from  the  Minister  Plenipotentiary  of  France, 
and  which  is  as  follows,  being  an  extract  of  a  letter 
from  Count  de  Vergennes  to  M.  Gerard,  dated  Ver 
sailles,  June  29th,  1779. 

Translation. 
"Sir, 

"The  decision  of  Spain  is  public.  Her  Ambassador 
quitted  London  on  the  18th  of  this  month  ;  he  is  now 
at  Paris.  Her  forces  are  on  their  march  to  join  with 
ours.  The  junction  made,  they  will  endeavor  to  in 
flict  on  England  a  blow  sufficiently  heavy  to  force  her 
to  acknowledge  the  independence  of  America.  To 
free  herself  if  possible  from  this  hard  necessity,  and 
to  procure  herself  the  power  of  opposing  at  some 
future  time  a  nation,  which  she  will  not  without  great 
reluctance  consent  to  free  from  the  servitude,  which 
she  wished  to  impose  upon  them,  it  seems  that  she 
has  sent  two  emissaries  to  Congress  with  the  offer  of  a 
truce,  and  even  with  power  to  withdraw  all  the  En 
glish  forces,  if  America  will  determine  to  give  up  our 
alliance,  and  to  separate  herself  from  us. 

"I  do  not  imagine  that  this  treachery  can  even  enter 
into  the  mind  of  Congress,  but  if  they  should  be  en 
ticed  by  the  love  of  peace,  a  single  reflection  ought 
to  stop  it.  As  soon  as  England  shall  have  proved  the 
defection,  she  can  settle  her  affairs  with  us,  and  we 
shall  have  no  reason  to  refuse  to  do  it  ;  she  will  then 
fall  upon  America  with  the  whole  mass  of  her  power, 


350  GERARD. 

very  certain  that  no  nation  in  Europe  will  afterwards 
take  any  interest  in  a  nation j  which  shall  have  signal 
ized  its  birth  by  the  most  unworthy  cowardice  of 
which  a  government  can  be  guilty.  I  am  persuaded, 
Sir,  that  this  reflection  seasonably  presented,  will  be 
of  great  effect.  There  are  many  other  reflections, 
which  certainly  will  not  escape  your  wisdom." 


TO  THE  PRESIDENT  OF  CONGRESS. 

Translation. 

Philadelphia,  September  15th,  1779. 

Sir, 

The  Minister  Plenipotentiary  of  France  has  the  honor 
to  inform  the  Congress  of  the  United  States  of  America, 
that  he  has  appointed  Mr  James  Wilson  Attorney-General 
of  the  French  nation,  in  order  that  he  may  be  intrusted 
with  all  causes  and  matters  relative  to  navigation  and  com 
merce.  The  said  Minister  thought  it  proper  to  communi 
cate  this  proceeding  to  Congress. 

GERARD. 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  September  15th,  1779. 
Sir, 

The  Minister  Plenipotentiary  of  France,  who  is  pre 
paring  to  depart  immediately,  has  the  honor  to  request  the 
Congress  of  the  United  States  to  be  pleased,  in  the  course 
of  the  week,  if  it  be  not  inconvenient,  to  grant  him  an  au 
dience  for  the  purpose  of  taking  leave  of  Congress. 

GERARD. 


DIPLOMATIC   CORRESPONDENCE.  351 

In  Congress,  September  15th,  1779. 

Resolved,  That  Friday  next  be  assigned  for  granting  a 
private  audience  to  M.  Gerard,  Minister  Plenipotentiary  of 
France,  in  order  to  his  taking  leave. 

Resolved,  That  this  private  audience  be  in  full  Con 
gress. 

Friday,  September  \lth.  Resolved,  That  two  mem 
bers  be  appointed  to  introduce  the  Minister  to  the  private 
audience. 

The  Minister  being  introduced,  took  his  leave  in  the 
following  speech. 


Translation. 

"Gentlemen, 

"The  King,  my  master,  having  been  pleased  to  accept 
the  representations,  which  my  bad  state  of  health  com 
pelled  me  to  make  to  him,  has  permitted  me  to  return. 
At  the  same  time  he  has  been  in  haste  to  send  another 
Minister  Plenipotentiary  to  America,  in  order  that  there 
may  be  no  interruption  in  the  care  of  cultivating  the  mu 
tual  friendship.  I  must  leave  it  to  the  talents  of  the 
Chevalier  de  la  Luzerne  to  explain  to  you  his  Majesty's 
sentiments,  and  will  confine  myself  here,  Gentlemen,  to 
expressing  to  you  the  satisfaction  I  shall  experience  in 
giving  an  account  to  him  of  the  events,  of  which  I  have 
been  a  witness  during  more  than  a  year's  residence  with 
you.  He  will  perceive  in  them  the  sentiments,  which  ani 
mate  and  direct  your  counsels,  your  wisdom,  your  firm 
ness,  your  attachment  to  the  alliance,  and  your  zeal  for  the 
prosperity  of  the  common  cause  and  of  the  two  respective 


352  GERARD. 

nations.     He  will  see,  with  pleasure,  the  valuable   union, 
which  constitutes  the  principal  force  and  power  of  confed 
erated  America,  that  not  only  the  citizens  are  in  no  want 
of  zeal  or  vigor  to  repel  the  incursions,  which  henceforth 
can  have  no  other  object  than  a  barbarous  devastation,  but 
also  that  there  is  no  American,  who  does  not  perceive  the 
necessity  of  uniting  to  humble  the  common  enemy  more 
and  more,  and  to  weaken  him  by  efforts  proportionate  to 
the  importance  of  putting  a  happy  end  to  a  glorious  revo 
lution,  and  also  of  securing  to  confederated  America,  by  a 
firm  and  honorable  peace,  as  quickly  as  possible,  the  ines 
timable    advantages   of  liberty   and   independence,   which 
form  the  essential  and  fundamental  object  of  the  alliance, 
and  of  the  war  provoked  and  made  necessary  by  England. 
"It  remains  to  me,  Gentlemen,  to  offer  you  in  general 
and  individually,  the  tribute  of  my  gratitude  for  the  marks 
of  confidence  and   esteem,  and  for  the  attentions  which  T 
have  received  from  you.       I  have  always  endeavored  to 
deserve  them  by  the  most  sincere  and  lively  attachment  to 
the  interests  and  to  the  dignity  of  the  United  States,  as 
well  as  to  the  principles  and  sentiments  resulting  from  the 
alliance.     I  have  not  lacked  zeal  for  everything  that  might 
relate  to  them,  and  cement  more  and  more  the  connexions, 
whether  political  or  personal,   between  the  two  nations. 
The  most  flattering  recompense  of  my  labors  would  be  the 

expression  of  your  satisfaction. 

GERARD." 

REPLY    OF    THE    PRESIDENT  OF  CONGRESS  TO  M.   GERARD*S 
SPEECH    ON    HIS    TAKING    LEAVE. 

"Sir, 

"We  receive    with  much  concern  the  intimation  you 
have  given  us,  that  the  bad  state  of  your  health  obliges  you 


DIPLOMATIC  CORRESPONDENCE.  353 

to  leave  America ;  though,  at  the  same  time,  we  are  sen 
sible  of  the  continued  friendly  care  of  his  Most  Christian 
Majesty  in  sending  a  new  Minister  Plenipotentiary  to  these 
States. 

"Great  as  our  regret  is  in  thus  parting  with  you,  yet  it 
affords  us  pleasure  to  think  how  well  disposed  you  are  to 
improve  the  favorable  opportunities  you  will  have  on  your 
return  to  France,  of  evincing  to  his  Majesty  the  reality  of 
those  sentiments  on  our  part,  which  may  justly  be  termed 
the  animating  principles  of  the  United  States. 

"By  such  representations,  the  King  will  be  assured  that 
the  citizens  of  these  States  observe  with  the  most  lively 
satisfaction  the  repeated  instances  of  his  amity  for  them  ; 
that  they  regard  the  alliance  as  an  inestimable  connexion, 
endeared  to  them  by  the  purity  of  the  motives  on  which  it 
was  founded,  the  advantages  derived  from  it,  and  the 
blessings  it  promises  to  both  nations  ;  that  their  resolution 
of  securing  its  essential  objects,  liberty  and  independence, 
is  unalterable  ;  that  they  are  determined,  by  all  the  exer 
tions  in  their  power,  to  advance  the  common  cause,  and  to 
demonstrate,  that  while  they  are  attentive  to  their  own  in 
terests,  they  as  ardently  desire  to  approve  themselves  not 
only  faithful,  but  affectionate  allies. 

"By  a  residence  of  more  than  a  year  near  Congress, 
you  are  enabled  to  form  a  competent  judgment  of  the 
difficulties  we  have  had  to  encounter,  as  well  as  of  our 
efforts  to  remove  them. 

"Sir,  we  should  be  deficient  in  the  respect  due  to  dis 
tinguished  merit,  if  we  should  fail  to  embrace  this  oppor 
tunity  of  testifying  the  high  esteem,  which  you  have  ob 
tained  throughout  this  country  by  your  public  and  private 
conduct.  You  have  happily  combined  a  vigilant  devotion 
VOL.  x.  45 


354  GERARD. 

to  the  dignity  and  interest  of  our  most  excellent  and  il 
lustrious  ally,  with  a  zealous  attachment  to  the  honor  and 
welfare  of  these  States. 

"Your  prudence,  integrity,  ability,  and  diligence  in  dis 
charging  the  eminent  trust  reposed  in  you,  have  secured 
our  entire  confidence,  and  now  solicit  from  us  the  strongest 
declarations  of  our  satisfaction  with  your  behavior. 

"That  you  may  be  blessed  with  a  favorable  voyage,  the 
approbation  of  your  sovereign,  the  perfect  recovery  of 
your  health,  and  all  happiness,  is  among  the  warmest 
wishes  of  every  member  of  this  body. 

"By  order  of  Congress, 

JOHN  JAY,  President." 


CONGRESS    TO   THE    KING    OF    FRANCE. 

Great,  Faithful,  and  Beloved  Friend  and  Ally, 
The  conduct  of  your  Majesty's  Minister,  M.  Gerard, 
during  his  residence  in  America,  has  been  in  every  respect 
so  commendable,  that  we  cannot  forbear  testifying  to  your 
Majesty  our  sense  of  his  merit,  without  feeling  that  un 
easiness  which  arises  from  a  neglect  of  the  obligations  of 
justice. 

His  behavior  appears  to  us  to  have  been  uniformly  regu 
lated  by  a  devotion  to  your  Majesty's  dignity  and  interest, 
and  an  adherence  to  the  terms  and  principles  of  the  alli 
ance,  while,  at  the  same  time,  he  demonstrated  his  attach 
ment  to  the  honor  and  prosperity  of  these  States. 

Thus  serving  his  sovereign,  he  acquired  our  entire  con 
fidence  and  esteem,  and  has  evinced  your  royal  wisdom  in 
selecting  a  person  so  properly  qualified  to  be  the  first  Min 
ister  sent  to  the  United  States  of  America. 


DIPLOMATIC  CORRESPONDENCE.  355 

That  the  Supreme  Ruler  of  the  universe  may  bestow 
all  happiness  on  your  Majesty,  is  the  prayer  of  your  faith 
ful  and  affectionate  friends  and  allies. 

Done  at  Philadelphia,  the  seventeenth  day  of  Septem 
ber,  in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  seventynine,  by  the  Congress  of  the  United  States  of 

America. 

JOHN  JAY,  President. 


In  Congress,  September  25th,  1779. 

The  committee  to  whom  was  referred  the  paper  of  in 
telligence  communicated  by  M,  Gerard,  on  the  7th  instant,* 
reported  the  draft  of  a  letter  in  answer  to  the  said  com 
munication,  which  was  read  as  follows  ; 

"Sir, 

"The  sentiments  contained  in  the  paper  laid  before 
Congress  on  the  7th  instant  have  given  us  great  uneasi 
ness,  as  they  admitted  the  possibility  of  an  event,  which 
we  cannot  contemplate  without  pain  and  regret.  Never 
theless,  as  they  demonstrate  the  anxieties  of  a  faithful 
friend,  Congress  are  willing  again  to  testify  their  unalter 
able  attachment  to  the  terms  and  principles  of  the  alliance, 
more  especially  as  we  wish  you  on  leaving  America  to 
take  with  you  a  solemn  assurance  of  our  fixed  dispositions. 

"Reposing  ourselves  upon  that  Almighty  power,  whose 
interposition  in  our  behalf  we  have  often  seen  and  adored, 
confident  of  the  unanimity  and  zeal  of  our  fellow-citizens 
throughout  these  States,  assured  of  the  assistance  and  sup 
port  of  our  great  ally,  relying  that  the  good  and  brave 
everywhere  regard  our  cause  with  interested  attention, 

*  See  this  paper  above,  p.  349. 


356  GERARD. 

we  firmly  repeat  what  we  have  already  declared,  that  no 
offer  of  advantage,  however  great  and  alluring,  no  extremes 
of  danger,  however  alarming,  shall  induce  us  to  violate  the 
faith  we  have  given  and  the  resolutions  we  have  adopted, 
for  the  observance  of  which  we  have  solemnly  pledged  our 
lives,  our  fortunes,  and  our  sacred  honor." 

After  debate,  Ordered,  that  the  President  return  the 
following  answer  ; 

"Sir, 

"Congress  feel  themselves  obliged  by  your  communica 
tion  of  the  7th  instant,  and  are  happy  that  M.  Gerard  will 
be  able  to  contradict  from  the  fullest  evidence  every  insin 
uation,  which  may  be  made  prejudicial  to  the  faith  and 
honor  of  the  United  States." 


THE 


CORRESPONDENCE 


OF 


C.  A.  DE  LA  LUZERNE  ; 

MINISTER    PLENIPOTENTIARY   FROM   FRANCE 
TO  THE  UNITED  STATES. 


CAESAR  ANNE  DE  LA  LUZERNE  succeeded  M.  Gerard 
as  Minister  Plenipotentiary  from  France  to  the  United 
States.  He  had  previously  been  employed  in  a  diplo 
matic  capacity,  and  with  much  success,  in  Bavaria,  which 
he  left  in  July,  1778.  He  was  soon  after  appointed  to 
supply  the  place  of  M.  Gerard,  and  arrived  in  Philadel 
phia  on  the  21st  of  September,  1779.  As  his  predecessor 
was  still  discharging  the  functions  of  his  office,  the  Cheva 
lier  de  la  Luzerne  did  not  receive  his  first  audience  of 
Congress  till  the  17th  of  November. 

From  that  time  to  the  end  of  the  war  he  applied  himself 
sedulously  to  the  duties  of  his  station,  and  by  the  suavity 
of  his  manners,  as  well  as  by  the  uniform  discretion  of 
his  official  conduct,  he  won  the  esteem  and  confidence  of 
the  American  people.  His  efforts  were  all  directed  to  the 
support  of  the  alliance,  on  the  principles  of  equity,  and  the 
broad  basis  of  reciprocal  interests  established  in  the  treaties. 

After  remaining  in  the  United  States  more  than  five 
years,  he  obtained  permission  to  visit  France,  although  he 
did  not  then  resign  his  commission  as  Minister.  A  few 
months  afterwards,  however,  he  wrote  to  Mr  Jay,  then 
Secretary  of  Foreign  Affairs,  that,  being  designed  by  the 
King  for  another  appointment,  his  character  as  Plenipo 
tentiary  to  the  United  States  had  ceased.  M.  Barbe 
Marbois,  who  had  been  the  Secretary  of  Legation  during 
the  whole  of  M.  de  !a  Luzerne's  residence  in  America, 
succeeded  him  as  Charge,  d'affaires. 


360 

The  Chevalier  de  la  Luzerne  accepted  the  appointment 
of  Ambassador  from  France  to  the  Court  of  London,  in 
January,  1788.  He  remained  there  till  his  death,  which 
happened  on  the  14th  of  September,  1791,  at  the  age  of 
fifty  years. 


CORRESPONDENCE 


C.    A.    DE    LA    LUZERNE 


SUBSTANCE  OF  A  CONFERENCE  BETWEEN  M.  DE  LA 
LUZERNE  AND  GENERAL  WASHINGTON  AT  HEAD  QUAR 
TERS,  WEST  POINT.* 

September  16th,  1779. 

The  Minister  opened  the  conference  by  observing,  that 
the  Council  of  Massachusetts  had  represented  to  him  the 
disadvantages,  which  their  commerce  was  likely  to  suffer 
from  the  late  misfortune  in  Penobscot,  and  the  advantages 
which  would  result  if  his  Excellency,  Count  d'Estaing, 
could  detach  a  few  ships  of  the  line  and  frigates  to  be  sta 
tioned  upon  their  coast  for  protecting  their  commerce,  and 
countenancing  the  operations  of  their  cruisers  against  that 
of  the  enemy.  But  before  he  should  propose  such  a 
measure  to  Count  d'Estaing,  he  wished  to  know  from  the 
General,  what  purposes  the  detachment  would  answer  to 

*  The  Chevalier  de  la  Luzerne  arrived  at  Boston  on  the  2d  of 
August,  and  on  his  way  to  Philadelphia  visited  General  Washington 
at  West  Point.     Hence  this  conference  took  place  before  his  public 
introduction  to  Congress  as  Minister  Plenipotentiary. 
VOL.  x.  46 


362  LUZERNE. 

his  military  operations,  and  whether  it  would  enable  him  to 
prosecute  any  offensive  enterprise  against  the  enemy. 
That  if  he  could  accompany  the  request  of  the  Council 
with  assurance  of  this  kind,  a  motive  of  such  impor 
tance  would  have  the  greatest  influence  in  determining  the 
concurrence  of  Count  d'Estaing,  and  might  the  better 
justify  him  in  deranging  or  contracting  his  plans  in  the 
West  Indies,  by  making  a  detachment  of  his  force. 

The  General  answered,  that  if  Count  d'Estaing  could 
spare  a  detachment  superior  to  the  enemy's  naval  force 
upon  this  continent,  retaining  such  a  force  in  the  West 
Indies,  as  would  put  it  out  of  the  enemy's  power  to  detach 
an  equal  force  to  this  continent  without  leaving  themselves 
inferior  in  the  Islands,  the  measure  would  have  a  high 
probability  of  many  important  and  perhaps  decisive  advan 
tages;  but  these  would  depend  upon  several  contingen 
cies  ;  as  the  time  in  which  the  detachment  can  arrive,  aud 
the  position  and  force  of  the  enemy  when  it  arrives.  That 
the  season  proper  for  military  operations  was  now  pretty 
far  advanced,  and  to  make  a  winter  campaign  would  re 
quire  a  disposition  of  our  magazines  peculiar  to  it,  which 
could  not  be  made  without  a  large  increase  of  expense,  a 
circumstance  not  to  be  desired  in  the  present  posture  of 
our  affairs,  unless  the  arrival  of  a  naval  succor  was  an 
event  of  some  certainty.  That  with  respect  to  the  position 
and  force  of  the  enemy,  they  had  now  about  fourteen 
thousand  men  at  New  York  and  its  dependencies,  and  be 
tween  three  and  four  thousand  at  Rhode  Island  ;  that  to 
reduce  the  former,  if  it  should  be  concentered  on  the 
Island,  would  require  extensive  preparations  beforehand, 
both  as  to  magazines  and  aids  of  men,  which  could  not 
with  propriety  be  undertaken  on  a  precarious  expectation 


DIPLOMATIC  CORRESPONDENCE.  353 

of  assistance.  But  that  if  the  garrison  of  Rhode  Island 
should  continue  there,  we  should  have  every  reason  to 
expect  its  reduction  by  a  combined  operation  ;  it  might, 
however,  be  withdrawn  ;  he  added,  that  the  enemy  ap 
pear  to  be  making  large  detachments  from  New  York, 
which  the  present  situation  of  their  affairs  seems  10  exact ; 
that  there  is  a  high  probability  of  their  being  left  so  weak 
as  to  give  us  an  opportunity,  during  the  winter,  of  acting 
effectually  against  New  York,  in  case  of  the  arrival  of  a 
fleet  to  co-operate  with  us,  even  with  the  force  we  now 
have  and  could  suddenly  assemble  on  an  emergency  ;  that, 
at  all  events,  the  French  squadron  would  be  able  to  strike 
an  important  stroke,  in  the  capture  and  destruction  of  the 
enemy's  vessels  of  war,  with  a  large  number  of  transports 
and  perhaps  seamen. 

He  concluded  with  observing,  that  though  in  the  great 
uncertainty  of  the  arrival  of  a  squadron,  he  could  not  un 
dertake  to  make  expensive  preparations  for  co-operating, 
nor  pledge  himself  for  doing  it  effectually,  yet  there  was 
the  greatest  prospect  of  utility  from  the  arrival  of  such  a 
squadron,  and  he  would  engage  to  do  everything  in  his 
power  for  improving  its  aid,  if  it  should  appear  upon  our 
coast ;  that  if  the  present  or  future  circumstances  should 
permit  Count  d'Estaing  to  concert  a  combined  operation 
with  the  troops  of  these  States  against  the  enemy's  fleets 
and  armies  within  these  States,  he  would  be  ready  to  pro 
mote  the  measure  to  the  utmost  of  our  resources,  and 
should  have  the  highest  hopes  of  its  success ;  it  would, 
however,  be  necessary,  to  prevent  delay  and  give  efficacy 
to  the  project,  that  he  should  have  some  previous  notice. 

The  Minister  replied,  that  the  General's  delicacy  upon 
the  occasion  was  very  proper,  but  as  he  seemed  unwilling 


364  LUZERNE. 

to  give  assurances  of  effectual  co-operation,  in  conveying 
the  application  to  the  Admiral  he  would  only  make  use  of 
the  name  of  the  Council,  which  would,  no  doubt,  have  all 
the  weight  due  to  the  application  of  so  respectable  a  body. 

The  General  assented,  observing,  that  occasional  men 
tion  might  be  made  of  the  military  advantages  to  be  ex 
pected  from  the  measure. 

The  Minister  next  informed  the  General,  that  there  had 
been  some  negotiations  between  Congress  and  M.  Gerard, 
on  the  subject  of  the  Floridas  and  the  limits  of  the  Spanish 
dominions  in  that  quarter,  concerning  which,  certain  reso 
lutions  had  been  taken  by  Congress,  which  he  supposed 
were  known  to  the  General.  He  added,  that  the  Span 
iards  had  in  contemplation  an  expedition  against  the  Flo 
ridas,  which  was  either  already  begun  or  very  soon  would 
be  begun,  and  he  wished  to  know  the  General's  opinion  of 
a  co-operation  on  our  part ;  that  it  was  probable  this  ex 
pedition  would  immediately  divert  the  enemy's  force  from 
South  Carolina  and  Georgia,  and  the  question  then  would 
be,  whether  General  Lincoln's  army  would  be  necessary 
elsewhere,  or  might  be  employed  in  a  co-operation  with 
the  Spanish  forces.  That  the  motive  with  the  French 
Court  for  wishing  such  a  co-operation  was,  that  it  would 
be  a  meritorious  act  on  the  side  of  the  United  States 
towards  Spain,  who,  though  she  had  all  along  been  well 
disposed  to  the  revolution,  had  entered  reluctantly  into  the 
war  and  had  not  yet  acknowledged  our  independence ; 
that  a  step  of  this  kind  would  serve  to  confirm  her  good 
dispositions,  and  to  induce  her  not  only  to  enter  into  a 
treaty  with  us,  but,  perhaps,  to  assist  with  a  loan  of  money. 
That  the  forces  of  Spain  in  the  Islands  were  so  consider 
able,  as  would  in  all  appearance  make  our  aid  unnecessary ; 


DIPLOMATIC  CORRESPONDENCE.  355 

on  which  account  the  utility  of  it,  only  contingent  and  pos 
sible,  was  but  a  secondary  consideration  with  the  Court  of 
France ;  the  desire  to  engage  Spain  more  firmly  in  our 
interests,  by  a  mark  of  our  good  will  to  her,  was  the  lead 
ing  and  principal  one. 

The  General  assured  the  Minister,  that  he  had  the 
deepest  sense  of  the  friendship  of  France,  but  replied  to 
the  matter  in  question,  that  he  was  altogether  a  stranger  to 
the  measures  adopted  by  Congress  relative  to  the  Floridas, 
and  could  give  no  opinion  of  the  propriety  of  the  co-ope 
ration  proposed  in  a  civil  or  political  light ;  but  considering 
it  merely  as  a  military  question,  he  saw  no  objection  to  the 
measure,  on  the  supposition  that  the  enemy's  force  in 
Georgia  and  South  Carolina  be  withdrawn,  without  which 
it  would,  of  course,  be  impossible. 

The  Minister  then  asked,  in  case  the  operation  by  the 
Spaniards  against  the  FJoridas  should  not  induce  the  Eng 
lish  to  abandon  the  Southern  States,  whether  it  would  be 
agreeable  that  the  forces,  either  French  or  Spanish,  em 
ployed  there,  should  co-operate  with  our  troops  against 
those  of  the  enemy  in  Georgia  and  South  Carolina. 

The  General  replied,  that  he  imagined  such  a  co-ope 
ration  would  be  desirable. 

The  Minister  inquired  in  the  next  place,  whether  in 
case  the  Court  of  France  should  find  it  convenient  to  send 
directly  from  France  a  squadron  and  a  few  regiments  at 
tached  to  it,  to  act  in  conjunction  with  us  in  this  quarter, 
it  would  be  agreeable  to  the  United  States. 

The  General  thought  it  would  contribute  much  to  ad 
vance  the  common  cause. 

The  Minister  informed  us,  that  Dr  Franklin  had  pur 
chased  a  fifty  gun  ship,  which  the  King  of  France  intended 


366  LUZERNE. 

to  equip  for  the  benefit  of  the  United  States,  to  be  sent  with 
two  or  three  frigates  to  Newfoundland  to  act  against  the 
enemy's  vessels  employed  in  the  fishery,  and  afterwards  to 
proceed  to  Boston  to  cruise  from  that  port. 

He  concluded  the  conference  with  stating,  that  in  Bos 
ton  several  gentlemen  of  influence,  some  of  them  members 
of  Congress,  had  conversed  with  him  on  the  subject  of  an 
expedition  against  Canada  and  Nova  Scotia ;  that  his 
Christian  Majesty  had  a  sincere  and  disinterested  desire  to 
see  those  two  Provinces  annexed  to  the  American  Con 
federacy,  and  would  be  disposed  to  promote  a  plan  for 
this  purpose ;  but  that  he  would  undertake  nothing  of  the 
kind  unless  the  plan  was  previously  approved  and  digested 
by  the  General.  He  added,  tha{  a  letter  from  the  Gene 
ral  to  Congress  some  lime  since,  on  the  subject  of  an  ex 
pedition  to  Canada,  had  appeared  in  France,  and  had  been 
submitted  to  the  best  military  judges,  who  approved  the 
reasoning,  and  thought  the  objections  to  the  plan,  which 
had  been  proposed,  very  plausible  and  powerful.  That 
whenever  the  General  should  think  the  circumstances  of 
this  country  favorable  to  such  an  undertaking,  he  should 
be  very  glad  to  recommend  the  plan  he  should  propose, 
and  he  was  assured  that  the  French  Court  would  give  it 
all  the  aid  in  their  power. 

The  General  again  expressed  his  sense  of  the  good  dis 
positions  of  his  Christian  Majesty,  but  observed,  that  while , 
the  enemy  remain  in  force  in  these  States,  the  difficulties 
stated  in  his  letter  alluded  to  by  the  Minister  would  still 
subsist ;  but  that  whenever  that  force  should  be  removed, 
he  doubted  not  it  would  be  a  leading  object  with  the  gov 
ernment  to  wrest  the  two  aforementioned  Provinces  from 
the  power  of  Britain  ;  that  in  this  case,  he  should  esteem 


DIPLOMATIC  CORRESPONDENCE.  357 

himself  honored  in  being  consulted  on  the  plan ;  and  was 
of  opinion,  that  though  we  should  have  land  force  enough 
for  the  undertaking,  without  in  this  respect  intruding  upon 
the  generosity  of  our  allies,  a  naval  co-operation  would 
certainly  be  very  useful  and  necessary. 

The  rest  of  the  conference  consisted  in  mutual  assur 
ances  of  friendship  of  the  tv^t  countries,  &ic.  interspersed 
on  the  General's  side  with  occasional  remarks  on  the  im 
portance  of  removing  the  war  from  these  States,  as  it 
would  enable  us  to  afford  ample  supplies  to  the  operations 
in  the  West  Indies,  and  to  act  with  efficacy  in  annoying 
the  commerce  of  the  enemy,  and  dispossessing  them  of 
their  dominions  on  this  continent. 

Head  Quarters,  September  18th,  1779. 

The  foregoing  is,  to  the  best  of  my  recollection,  the 
substance  of  a  conference  at  which  I  was  present  at  the 
time  mentioned,  and  interpreted  between  the  Minister  and 
the  General. 

A.  HAMILTON. 


RECEPTION      OF     THE    FRENCH    MINISTER   BY    CONGRESS.* 

In  Congress,  November  17th,  1779. 

According  to  order  the  Chevalier  de  la  Luzerne  was 
introduced  by  Mr  Mathews  and  Mr  Morris,  the  two  mem 
bers  appointed  for  that  purpose ;  and  being  seated  in  his 
chair,  the  Secretary  of  the  Embassy  delivered  to  the 
President  a  sealed  letter  from  his  Most  Christian  Majesty, 
in  the  terms  following ; 

*  The  ceremonial  of  the  introduction  of  M.  de  la  Luzerne  to  Con 
gress  was  the  same,  as  had  been  adopted  in  the  case  of  M.  Gerard. 
See  the  Correspondence  of  M.  Gerard,  above,  p.  245. 


368  LUZERNE 


THE  KING  OF  FRANCE  TO  CONGRESS. 

"To  our  dear  great  Friends  and  Allies,  the  President 
and  Members  of  the  General  Congress  of  the  United 
States  of  North  America. 

Very  Dear  Great  Friends  and  Allies, 
"The  bad  state  of  healtfi  of  M.  Gerard,  our  Min 
ister  Plenipotentiary  to  you,  having  laid  him  under  the 
necessity  of  applying  for  a  recall,  we  have  made  choice 
of  the  Chevalier  de  la  Luzerne,  a  Colonel  in  our 
service,  to  supply  his  place.  We  have  no  doubt,  that  he 
will  be  agreeable  to  you,  and  that  you  will  repose  entire 
confidence  in  him.  We  pray  you  to  give  full  credit  to  all 
he  shall  say  to  you  on  our  behalf,  especially  when  he  shall 
assure  you  of  the  sincerity  of  our  wishes  for  your  pros 
perity,  as  well  as  the  constancy  of  our  affection  and  our 
friendship  for  the  United  States  in  general,  and  for  each 
one  of  them  in  particular.  We  pray  God  to  keep  you, 
our  very  dear  great  friends  and  allies,  in  his  holy  pro 
tection. 

"Done  at  Versailles,  the  31st  of  May,  1779. 

"Your  good  friend  and  ally, 

LOUIS." 

The  Minister  being  announced,  he  addressed  Congress 
in  the  following  speech. 

Translation. 

"Gentlemen, 

"The  wisdom  and  courage,  which  have  founded  your 
Republic,  the  prudence  which  presides  over  your  deliber 
ations,  your  firmness  in  execution,  the  skill  and  valor  dis- 


DIPLOMATIC  CORRESPONDENCE.  359 

played  by  your  Generals  and  soldiers  during  the  course  of 
the  war,  have  attracted  the  admiration  and  regard  of  the 
whole  world. 

"The  King,  my  master,  was  the  first  to  acknowledge  a 
liberty  acquired  amidst  so  many  perils  and  with  so  much 
glory.     Since  treaties  dictated  by  moderation  have  fixed 
upon  a  permanent  basis  the  union  of  France   with   the 
American  Republic,   his    Majesty's  whole  conduct  must 
have  demonstrated  how  dearly  he  cherishes  your  pros 
perity,  and  his  firm  resolution  to  maintain  your  indepen 
dence   by   every   means    in   his    power.      The    events, 
which  have  successively   unfolded  themselves,  show  the 
wisdom  of  those  measures.     A  powerful  ally  has  acknowl 
edged  the  justice  of  those  motives,   which  had  compelled 
the  King  to  take  arms,   and  we  may  reasonably  hope  for 
the  most  solid  success  from  the  operations  of  the    united 
fleets.     The  naval  force  of  the  enemy  has  been  diverted 
from  your  continent,  compelled  to  flee  to  the  defence  of 
their  own  possessions.      All  their  efforts  have  been  too 
feeble  to  prevent  our  troops  from  conquering  a  consider 
able  part.      Other  British  Islands  feared   the   same  lot, 
when  the  French  General  stopped  the  current  of  his  suc 
cess  to  seek  new  dangers  here.      In  conforming  to  his 
Majesty's  intentions,  he   has  acceded  to  his  own  inclina 
tions,  to  the  desires  of  the  French,  and  to  the  request  of 
the  Americans,  who  invited  him  to  join  his  arms  to  those 
of  your  Republic.     Events  have  not  completely  answered 
his  courage  and  his  efforts,  but  his  blood  and  that  of  my 
countrymen,  shed  in  a  cause  so  dear  to  us,  has  cemented 
the  basis  on  which  the  alliance  is  founded,  and  impressed 
on  it  a  character  as  indelible  as  are  all  those  by  which  it  is 
already  consecrated. 
VOL.  x.  47 


370  LUZiERNE. 

"That  alliance,  Gentlemen,  becomes  daily  more  indis 
soluble,  and  the  benefits,  which  the  two  nations  derive 
from  it,  have  given  it  the  most  perfect  consistency. 

"The  relations  of  commerce  between  the  subjects  of  the 
King,  my  master,  and  the  inhabitants  of  the  Thirteen 
United  States,  continually  multiply,  and  we  may  already 
perceive,  in  spite  of  those  obstacles,  which  embarrass  the 
reciprocal  communication,  how  natural  it  is,  how  advan 
tageous  it  will  be  to  the  two  nations,  and  all  who  partici 
pate  in  it,  and  how  much  the  monopolising  spirit,  the 
jealous  attention  and  prohibitory  edicts  of  the  enemy  to 
your  freedom,  have  been  prejudicial  to  your  happiness. 
It  is  under  these  circumstances,  Gentlemen,  that  the  King 
has  been  pleased  to  appoint  me  his  Minister  Plenipoten 
tiary  to  your  Republic.  You  have  seen  in  the  letter, 
which  I  had  just  now  the  honor  to  deliver  from  him,  fresh 
assurances  of  his  friendship.  I  consider  as  the  happiest 
circumstance  of  my  life  a  mission,  in  the  course  of  which  I 
am  certain  of  fulfilling  rny  duty,  when  I  labor  for  your 
prosperity,  and  I  felicitate  myself  upon  being  sent  to  a 
nation,  whose  interests  are  so  intimately  blended  with  our 
own,  that  I  can  be  useful  neither  to  France  nor  the  Ameri 
can  Republic,  without  rendering  myself  agreeable  both  to 
the  one  and  the  other. 

"It  was  certainly  desirable  that  the  affairs  with  which  I 
am  charged  had  remained  in  the  hands  of  that  enlightened 
Minister,  whom  I  succeed,  and  whose  health  compels  him 
to  return  to  France.  I  have  not  his  abilities  ;  but  like  him, 
I  have  an  unbounded  zeal  for  the  welfare  and  success  of 
the  common  cause.  Like  him,  I  am  directed  to  concur 
in  everything,  which  can  be  useful  or  agreeable  to  your 
Republic.  I  have  the  same  attachment  to  the  people 


DIPLOMATIC  CORRESPONDENCE.  37 j 

whom  you,  Gentlemen,  represent,  and  the  same  admira 
tion  of  their  conduct.  1  have  the  most  fervent  wish  to  give 
you  the  proof  of  it ;  and  I  hope  hy  these  different  titles  to 
merit  your  confidence  and  your  esteem. 

LUZERNE." 

The  translation  of  the  foregoing  speech  being  read  to 
the  House  by  the  Secretary  of  Congress,  the  President 
returned  the  following  answer. 

"Sir, 

"The  early  attention  of  our  good  friend  and  ally  to 
these  United  States  is  gratefully  felt  by  all  their  virtuous 
citizens,  and  we  should  be  unfaithful  representatives  if  we 
did  not  warmly  acknowledge  every  instance  of  his  regard, 
and  take  every  opportunity  of  expressing  the  attachment  of 
our  constituents  to  treaties  formed  upon  the  purest  prin 
ciples. 

"His  Most  Christian  Majesty,  in  rendering  himself  a 
protector  of  the  rights  of  mankind,  became  entitled  to  as 
sistance  from  the  friends  of  man.  This  title  could  not  but 
be  recognised  by  a  monarch,  whose  diadem  is  adorned 
with  equity  and  truth.  That  monarch,  by  joining  his  arms 
to  those  of  our  great  ally,  has  given  a  fatal  blow  to  the 
common  enemy,  and  from  the  justice  of  the  motives  which 
unite  the  combined  fleets,  we  expect  the  most  solid  benefits 
will  crown  their  operations.  Nor  can  we  doubt  that  other 
powers  will  rejoice  to  see  that  haughty  nation  humbled,  in 
proportion  as  they  have  been  insulted  by  her  presumptuous 
arrogance.  We  well  know,  and  all  the  world  must  ac 
knowledge,  the  moderation  and  friendship  of  the  Most 
Christian  King,  in  neglecting  conquests  which  courted  his 
acceptance,  for  the  benevolent  pleasure  of  succoring  his 


372  LUZERNE. 

allies.  In  this,  as  in  every  other  instance,  we  perceive  his 
strict  adherence  to  the  principles  of  our  defensive  alliance, 
We  are  sensible  of  the  zeal  of  the  French  General  in  ex 
ecuting  his  Majesty's  orders.  We  esteem  his  courage,  we 
lament  his  wounds,  and  we  respect  that  generous  valor, 
which  has  led  your  countrymen  to  contend  with  ours  in 
the  same  common  cause  in  the  same  field  of  glory ;  a 
noble  emulation,  which  has  poured  out  the  blood  of  the 
two  nations  and  mingled  it  together  as  a  sacred  pledge  of 
perpetual  union. 

"The  consequences,  which  have  followed  from  the  ap 
pearance  of  the  French  fleet  upon  our  coasts,  particularly 
by  disconcerting  the  enemy's  plans  of  operations,  and  des 
troying  a  considerable  part  of  their  naval  force,  demon 
strate  the  wisdom  of  the  measure.  That  they  have  not 
been  still  more  beneficial  is  to  be  attributed  to  those  inci 
dents,  which  in  the  hand  of  Providence  determine  all 
human  events.  But  our  disappointment  is  compensated 
by  reflecting  on  the  perfect  harmony,  that  subsisted  be 
tween  the  Generals  and  the  troops  of  the  two  nations. 

"The  prosperous  course  of  this  campaign  gives  a  pleas 
ing  hope  that  the  moment  of  peace  may  soon  arrive,  when 
the  reciprocation  of  mutual  good  offices  shall  amply  recom- 
pence  our  mutual  labors  and  cares,  and  we  doubt  not  but 
in  that  moment  the  commerce  between  the  allied  nations, 
now  struggling  under  great  inconveniences,  will  shoot  forth 
with  vigor  and  advantage,  and  happily  demonstrate  the  inju 
ries  we  once  suffered  from  the  restraints  of  our  enemies. 

"While  we  lament,  Sir,  the  loss  of  your  worthy  prede 
cessor,  we  are  led  from  your  personal  character  to  the 
pleasing  expectation,  that  you  will  possess  that  confidence 
and  esteem  which  he  enjoyed.  They  are  due  to  the  ser- 


DIPLOMATIC  CORRESPONDENCE.  373 

vant  of  our  benefactor ;  we  are  happy  in  his  choice,  and 
being  thoroughly  convinced  of  the  intimate  connexion 
between  the  interests  and  views  of  the  allied  nations,  we 
cannot  but  persuade  ourselves,  that  the  more  attentively 
you  shall  perform  your  duty  to  your  Sovereign,  and  the 
more  sedulously  you  shall  guard  and  promote  the  welfare 
of  your  country,  the  more  agreeable  and  respectable  you 
will  render  yourself  to  the  citizens  of  America.* 

SAMUEL  HUNTINGTON,  President." 


DON    JUAN    MIRALLES    TO    M.    DE    LA    LUZERNE. 

Translation. 

Philadelphia,  November  25th,  1779. 

Sir, 

I  had  the  honor  of  communicating  to  you  on  the  22d 
instant  two  letters,  which  I  received  from  the  Governor- 
General  of  the  Island  of  Cuba,  dated  the  13th  and  the  22d 
of  July  last.  He  informs  me  by  order  of  the  King,  my 
master,  that  the  declaration  of  war  against  the  King  of 
Great  Britain,  made  by  his  Majesty,  was  solemnly  published 
at  Havana,  on  the  22d  of  the  said  month  of  July,  and  he 
requests  me  to  ask  for  the  co-operation  of  the  United 
States  of  America  in  the  measures,  the  substance  of  which 
I  am  now  to  have  the  honor  of  recalling  to  your  recol 
lection. 

The  Honorable  Congress  having  formerly  proposed  to 
lay  siege  to  the  town  of  St  Augustine  in  East  Florida,  in 

*  Mr  Jphn  Adams  came  over  from  France  in  the  same  ship  with 
M.  de  la  Luzerne,  and  the  Secretary  of  Legation,  M.  de  Marbois. 
See  his  account  of  these  gentlemen  in  John  Adams's  Correspondence, 
Vol.  IV.  p.  310. 


374  LUZERNE. 

order  to  restore  it,  in  case  of  success,  to  the  troops  of  his 
Catholic  Majesty,  I  am  ordered  to  urge  the  said  Congress 
to  direct  the  arms  of  the  United  States  against  that  place, 
in  the  hope  that  this  diversion  will  give  powerful  assistance 
to  those,  which  the  forces  of  the  King  have  made  by  their 
attack  on  Pensacola  ;  and  that  consequently,  the  English 
troops  may  be  more  readily  driven  from  the  territory  of 
the  American  Republics.  I  am  to  inform  the  Governor- 
General  of  Havana,  at  what  time  the  Honorable  Congress 
will  be  able  to  undertake  this  conquest,  as  well  as  what 
land  and  naval  forces  that  body  will  be  able  to  employ  in 
effecting  it;  in  order  that  the  Spanish  Generals  may 
arrange  their  operations  agreeably  to  the  information, 
which  I  shall  transmit  to  them. 

I  am  also  ordered  to  invite  the  Honorable  Congress  to 
undertake  the  conquest  of  the  territory  and  the  possessions 
held  by  the  English  to  the  northeast  of  Louisiana  ;  and  as 
the  Governor  of  that  province  may  by  his  experience  con 
tribute  greatly  to  the  success  of  such  an  enterprise,  he  is 
desirous  of  knowing  the  plan  of  operations,  which  Congress 
will  adopt  in  this  affair,  in  order  that  on  his  part  he  may 
second  it  by  every  effort  in  his  power. 

The  Governor-General  of  Havana  is  desirous  of  know 
ing  the  quantity  and  kind  of  provisions,  productions,  and 
supplies,  with  which  the  United  States  of  America  will  be 
able  to  assist  Havana,  and  the  Island  of  Cuba,  as  well  as 
the  other  possessions  of  his  Majesty  in  America,  in  order 
that  he  may  decide  according  to  such  information,  upon 
the  measures  to  be  adopted  for  procuring  his  supplies  of 
provisions. 

I  had  yesterday  the  honor  of  communicating  these  vari 
ous  requests  to  the  Honorable  Congress,  which  body  was 


DIPLOMATIC  CORRESPONDENCE.  375 

pleased  to  appoint  three  of  its  members  to  confer  with  me 
upon  them.  They  declared,  Sir3  that  they  should  be 
much  gratified  to  see  my  proposals  supported  by  you  ;  and 
I  entreat  you  to  be  pleased  by  your  intervention  to  give 
all  requisite  weight  to  the  importance  of  these  great  objects. 

The  sending  as  soon  as  possible,  of  such  forces  and 
stores  as  Congress  shall  think  proper,  is  of  the  greatest 
consequence.  Of  equal  importance  are  the  means  of 
securing  their  arrival  at  their  place  of  destination,  with  all 
the  security  which  circumstances  will  allow.  It  is  then 
desirable,  Sir,  that  you  would  have  the  kindness  to  per 
suade  the  Count  de  Grasse  to  be  pleased  to  take  them  on 
board  of  his  squadron,  and  to  conduct  them  under  his  con 
voy  to  South  Carolina  or  Georgia ;  and  the  deputies  of 
Congress  have  desired  me  to  make  this  request  of  you,  I 
have  answered  them,  in  consequence  of  the  communica 
tions,  which  you  have  been  pleased  to  make  to  me,  that 
you  had  already  made  some  overtures  to  that  commander, 
in  relation  to  the  operations  in  which  he  might  engage, 
and  that  you  were  now  expecting  his  answer. 

The  interests  of  our  Sovereigns,  Sir,  are  so  closely  con 
nected,  the  independence  and  welfare  of  United  America 
are  objects  so  dear  and  so  important  to '  you,  that  I  have 
no  doubt  you  will  use  all  efforts  to  secure  a  compli 
ance  with  the  requests,  which  I  have  the  honor  to  make 
of  you  in  the  name  of  the  King,  my  master,  and  on  the 
success  of  which  depends,  in  a  great  degree,  the  success 
of  the  general  operations  of  the  allied  powers. 
I  have  the  honor  to  be,  &c. 

DON  JUAN  DE  MIRALLES. 


376  LUZERNE. 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 
Philadelphia,  November  26th,  1779. 

Sir, 

The  Minister  Plenipotentiary  of  France  has  the  honor 
of  communicating  to  the  Congress  of  the  United  States, 
a  letter  of  Don  Juan  de  Miralles,  containing  sundry  pro 
positions,  which  appear  to  him  to  deserve  the  most  serious 
attention.  Although  the  Chevalier  de  la  Luzerne  has  no 
instructions  from  his  Catholic  Majesty,  he  is  too  sensible 
of  the  good  understanding  and  intimate  connexion  subsist 
ing  between  the  Courts  of  Versailles  and  Madrid,  not  to 
recommend  these  overtures  in  the  most  pressing  manner  to 
the  consideration  of  Congress. 

The  great  design  is  to  act  against  the  common  enemy, 
and  the  more  pains  that  are  taken  to  unite  the  strokes 
aimed  against  them,  the  more  certain  will  be  their  effects. 
As  to  what  regards  the  concurrence  of  the  royal  fleet  in 
the  operations  proposed,  the  underwritten  has  the  honor 
to  observe,  that  he  is  entirely  uninformed  touching  the  part 
it  will  be  able  to  take.  He  has,  however,  written  a  letter 
to  the  Count  de  Grasse,  which  that  commander  will  re 
ceive  on  his  arrival  at  Hampton.  As  soon  as  the  under 
written  shall  have  received  an  answer,  and  the  necessary 
information,  he  will  take  the  earliest  opportunity  of  commu 
nicating  them  to  such  of  the  delegates  as  Congress  shall 
be  pleased  to  appoint. 

LUZERNE. 


DIPLOMATIC  CORRESPONDENCE.  377 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  December  6th,  17J9. 
Sir, 

The  undersigned  Minister  Plenipotentiary  of  France  has 
the  honor  of  informing  Congress,  that  he  has  received 
from  St  Domingo  intelligence  of  the  capture  of  the  Grey 
hound,  by  eight  American  sailors.  He  annexes  a  sum 
mary  of  some  facts  relative  to  this  capture. 

In  the  terms  of  the  intelligence,  given  on  the  4th  of 
August,  of  the  present  year,  by  the  officers  of  the  Admi 
ralty  of  Port  Paix,  "the  eight  American  sailors,  having 
taken  the  said  schooner,  without  being  provided  with  any 
commission,  have  been  sent  back  before  Congress,  in  order 
that  this  affair  may  be  decided  in  conformity  with  the  laws 
of  their  country." 

The  undersigned  Minister  is  then  desirous,  that  Con 
gress  would  be  pleased  to  inform  him,  what  use  they  shall 
judge  proper  to  make  of  the  thirteen  thousand  nine  hundred 
and  eightynine  livres,  ten  sols,  which  remain  in  the  registry 
of  the  Admiralty  of  Port  Paix;  whether  it  be  thought 
proper  that  this  sum  should  be  remitted  to  the  agent  of 
Congress  at  St  Domingo,  in  order  that  he  may  transmit  it 
to  the  eight  men  interested,  in  such  manner  as  he  shall 
think  fit,  or  whether  Congress  shall  adopt  an  entirely  dif 
ferent  mode  of  proceeding.  The  Chevalier  de  la  Luzerne 
will  hasten  to  communicate  to  the  commandants  of  the 
Island  of  St  Domingo,  whatever  resolution  may  have  been 
adopted,  in  order  that  they  may  without  delay  make  ar 
rangements  accordingly.  The  undersigned  would  have 
wished  to  spare  Congress  the  detail  of  this  affair,  by  ad- 
VOL.  x.  48 


378  LUZERNE. 

dressing  himself  directly  to  the  States  of  Massachusetts  and 
Rhode  Island,  in  order  to  ascertain  their  intentions,  but 
the  intelligence  upon  which  the  order  of  the  General 
and  Intendant  of  St  Domingo  has  intervened,  obliges  the 
parties  to  come  before  Congress ;  besides,  this  form  is  the 
best  adapted  to  prevent  all  delays,  and  to  cause  this  money 
to  arrive  promptly  at  the  destination,  which  shall  be  deter 
mined  upon. 

LUZERNE 


PRESIDENT  OP    CONGRESS    TO    M,  DE    LA    LUZERNE. 
In  Congress,  December  16th,  1779. 

Sir, 

I  am  directed  to  inform  you,  that  Congress  in  order  to 
testify  their  attention  to  the  interest  of  his  Catholic  Maj 
esty,  appointed  a  commissioner  to  confer  with  General 
Washington  on  the  subject  of  your  letter,  accompanying  the 
representation  of  Don  Juan  de  Miralles  ;*  and  though  from 
the  result  of  their  conference,  they  have  reason  to  believe 
that  our  grand  army  cannot  be  weakened  while  the  enemy 
retain  their  present  force  at  New  York,  without  consider 
able  danger,  yet  they  have  upon  mature  deliberation  deter 
mined  rather  to  incur  that  danger,  than  not  to  comply,  as 
far  as  is  consistent  with  our  circumstances,  with  the  views 
of  his  Catholic  Majesty,  to  whom  they  feel  themselves 
bound  by  that  union  of  interest,  which  a  common  enemy 
creates,  by  the  favorable  disposition  manifested  by  his 
Catholic  Majesty  to  these  United  States,  and  by  those 
ties,  which  connect  the  House  of  Bourbon  with  the  hap 
piness  of  mankind. 

See  above  pp.  373.  375. 


DIPLOMATIC  CORRESPONDENCE.  379 

Under  these  impressions  they  have  ordered. a  consider 
able  detachment  from  the  grand  army  to  join  the  troops 
in  Carolina,  which,  together  with  the  forces  already  there 
or  on  the  way,  will  amount  to  about  four  thousand  men, 
exclusive  of  the  militia  of  the  Southern  States,  whom 
Congress  have  called  for  upon  this  occasion,  Congress 
have  also  ordered  three  of  their  frigates  to  Charleston,  to 
be  put  under  the  direction  of  the  commanding  officer  in 
that  department. 

This  force  they  conceive  will  make  so  powerful  a  diver 
sion  in  favor  of  his  Catholic  Majesty's  army,  as  to  afford 
probable  hopes  of  their  being  crowned  with  success.  You 
will  perceive,  Sir,  that  any  other  co-operation  with  the 
troops  of  Spain  is  impossible,  while  Savannah  opposes  a 
barrier  to  a  junction  of  our  force.  This,  from  its  present 
strength,  it  will  not  be  easy  for  us  to  remove,  till  a  more 
decided  superiority  in  this  quarter  enables  us  to  transfer  a 
greater  proportion  of  our  army  thither.  Unless,  in  the 
meantime,  the  Governor  of  Havana  shall  think  proper  to 
furnish  such  aid,  as  when  joined  with  the  forces  of  the 
United  States  in  that  quarter,  will  be  sufficient  to  effect  the 
purposes  before  mentioned.  But  as  Congress  were  de 
sirous  of  extending  their  views  still  further,  and  conceiving 
the  conquest  of  East  Florida  to  be  an  object  of  great  im 
portance,  as  well  to  his  Catholic  Majesty,  as  to  these  States, 
they  have  therefore  directed  me  to  inform  you,  and  through 
you  Don  Juan  de  Miralles,  by  whom  the  intentions  of  his 
Catholic  Majesty  are  communicated,  that  they  have  given 
full  power  to  their  General  commanding  in  the  Southern 
department  to  correspond  and  concert  with  the  Governor 
ol  Havana,  or  any  other  person  or  persons,  authorised  by 
his  Catholic  Majesty  for  that  purpose,  such  plan  as  can 


380  LUZERNE. 

be  agreed  upon  between  them  for  carrying  our  views  into 
execution. 

I  am,  Sir,  directed  further  to  inform  you,  that  though 
Congress  cannot  promise  any  considerable  quantity  of  pro 
visions  until  the  army  of  the  United  States  are  supplied,  yet 
as  soon  as  that  can  be  done,  every  means  will  be  used  to 
furnish  provisions  for  his  Catholic  Majesty's  Islands  and 
fleet.  But  in  the  meantime  they  conceive,  that  a  large 
supply  of  rice  may  be  afforded  by  the  State  of  South  Car 
olina,  while  Congress  will  readily  aid  the  agents  of  Spain 
in  procuring  the  same. 

I  have  the  honor  to  be,  &c. 

SAMUEL  HUNTINGTON,  President, 


M.    HOLKER   TO    M.    DE    LA    LUZERNE. 

Translation. 

Philadelphia,  January  10th,  1780. 
Sir, 

I  have  the  honor  of  transmitting  to  you  the  annexed 
letter,  and  copy  of  a  late  law  of  the  State  of  Maryland, 
which  I  have  this  moment  received  from  Mr  William 
Smith,  a  merchant  at  Baltimore.  As  it  is  of  a  nature  to 
alarm  us  in  relation  to  all  the  operations,  which  have  been 
concerted  in  the  Islands,  or  contemplated  with  respect  to 
other  places  during  the  course  of  the  ensuing  summer; 
as,  moreover,  the  vessels  and  store-ships,  which  I  expect 
from  Martinique,  to  supply  the  place  of  those  which  were 
destined  by  the  Count  d'Estaing  for  the  Chesapeake  Bay, 
and  which  the  officers  of  the  King  have  thought  it  their 
duty  to  sacrifice  and  sell  to  the  State  of  Carolina,  with  a 
view  to  contribute,  as  far  as  lay  in  their  power,  to  the  se- 


DIPLOMATIC  CORRESPONDENCE.  381 

curity  and  defence  of  that  place  ;  as,  I  say,  these  store- 
ships  might  arrive  immediately,  and  I  might  be  obliged  to 
send  them  back  in  ballast,  if  the  corn  and  wheat,  which  I 
have  purchased  in  Maryland,  should  be  seized,  and  as, 
thereby,  all  my  transactions  and  engagements  would  not 
only  become  uncertain,  but  might  terminate  in  a  manner 
disgraceful  to  me,  and  in  the  failure  of  the  naval  operations 
of  the  King  in  America,  I  cannot  forbear  to  claim,  in  the 
most  urgent  manner,  the  influence  of  your  character  with 
the  Congress  of  the  United  States  upon  this  occasion, 
while  I  observe  to  you,  that  if  the  law  of  Maryland  is  put 
in  execution  in  relation  to  the  provisions,  which  I  have 
collected  at  a  great  expense  and  with  every  possible  pre 
caution,  I  shall,  for  the  future,  be  unable  to  take  a  single 
step  in  the  service  of  the  King,  and  shall  be  obliged  to  pay 
large  sums  to  indemnify  those  with  whom  I  have  made 
engagements. 

Your  Excellency  is  aware  of  the  innumerable  difficul 
ties,  which  I  have  experienced  since  I  have  been  engaged 
in  this  country,  in  the  naval  service  of  the  King.  They 
seem  to  multiply  every  moment,  and  have  become  so  great 
that  I  am  compelled  to  declare  to  you,  that  I  cannot  guar 
anty  or  be  answerable  for  the  success  of  the  least  opera 
tion,  unless  you  shall  be  able  most  speedily  to  persuade 
Congress  to  take  with  each  and  every  State  in  the  Union, 
decisive  and  effectual  measures  to  cause  respect  to  be 
shown  to  my  transactions,  carried  on  in  the  name  and  on 
the  account  of  his  Majesty  ;  while  I  repeat  my  offers  to 
oblige  my  agents  and  correspondents  to  conform  to  such 
suitable  formalities,  as  your  Excellency  shall  think  proper 
to  prescribe  for  the  general  tranquillity  and  satisfaction. 
I  am,  Sir,  &tc. 

HOLKER. 


382  LUZERNE. 

WILLIAM    SMITH    TO    M.    HOLKER. 

Baltimore,  January  7th,  1780. 

Sir, 

By  express  I  send  enclosed  a  copy  of  a  letter  I  re 
ceived  yesterday  from  the  Governor  and  Council  of  this 
State,  in  answer  to  my  application  for  permission  to  load 
the  brig  Hawk  with  flour  for  Cape  Francois,  on  account  of 
his  Most  Christian  Majesty.  You  will  perceive  by  this 
letter,  that  I  am  not  permitted  to  proceed  in  loading  this 
vessel  as  you  direct,  nor  will  any  permission  for  that  pur 
pose  be  granted  until  the  army  is  supplied. 

That  the  army  ought  to  be  supplied,  I  doubt  not  you 
will  think  right ;  but  that  the  wheat  and  flour  collected 
in  this  port  should  be  taken  for  that  purpose,  when  I  pre 
sume  a  sufficient  quantity  may  be  had  much  more  con 
venient  to  the  army  and  less  prejudicial  to  your  interest, 
you  will,  probably,  conclude  is  not  so  convenient,  and 
might,  if  duly  considered,  have  been  avoided.  I  am  well 
informed  that  the  public  purchasers  in  Harford  county  have 
now  on  hand  upwards  of  three  thousand  barrels,  which,  for 
a  wagon  at  this  season  of  the  year,  are  at  least  three  days 
nearer  camp  than  this  place.  Besides,  very  considerable 
magazines  must  be  provided  on  the  eastern  shore  of  this 
State ;  and  it  seems  to  me,  that  the  distresses  of  our  army 
have  arisen  more  from  the  want  of  carriages  to  convey  a 
sufficient  quantity  of  flour  to  camp,  than  from  any  other 
cause. 

Be  that  as  it  may,  I  find  that  the  Commissioners  for  this 
county  are  determined  to  lay  their  hands  on  all  your  wheat 
and  flour,  and  have  already  seized  some  of  your  wheat, 
and  I  doubt  not  but  the  whole  on  the  eastern  and 


DIPLOMATIC  CORRESPONDENCE.  333 

western  shores  will  be  taken  as  soon  as  they  conveniently 
can  do  it.  Therefore,  I  thought  it  my  duty  to  despatch 
this  information  to  you  by  express,  that  you  may  take  such 
measures  in  the  premises  as  you  judge  best.  You  will  see 
by  the  enclosed  letter,  that  no  relief  is  to  be  expected  from 
our  Governor  and  Council.  Perhaps  an  application  to 
Congress  may  procure  a  resolve  directing  your  magazines 
to  be  spared,  by  lending  some  for  the  present  emergency. 
But  that  ought  to  be  taken  when  most  convenient  for  the 
army,  and  least  prejudicial  to  you. 

You  will  please  to  favor  me  with  a  line  by  return  of  the 
bearer,  directing  whatever  steps  you  may  think  will  be 
most  conducive  to  the  interest  of  his  Most  Christian 
Majesty. 

I  have  the  honor  to  be,  &c. 

WILLIAM  SMITH. 


THE    PRESIDENT     OF    THE    COUNCIL    OP    MARYLAND     TO 
WILLIAM    SMITH. 

In  Council,  Annapolis,  January  6th,  1780, 
Sir, 

We  received  your  favor  of  the  3d  instant  by  express. 
As  the  grand  object  of  the  "Acts  for  the  immediate  supply 
of  the  army,  &c."  is  to  procure  an  immediate  and  full 
supply  of  provisions  for  our  army,  it  was  necessary  that 
the  Commissioners  should  be  vested  with  extraordinary 
powers,  that  those  powers  should  be  accurately  defined, 
and  that  the  mode  to  be  pursued  by  them  should  be  plainly 
delineated  ;  which  is  done.  We  do  not  think  that  flour  or 
wheat  purchased  for  the  Marine  of  France,  privileged  or 
exempted  from  seizure,  and  we  are  certain  it  was  not  the 


384  LUZERNE. 

intention  of  the  Legislature  that  those  articles  should  be, 
because  such  exemption  would,  in  a  great  degree,  if  not 
wholly,  frustrate  the  design  of  the  law. 

We  deem  it  our  duty  to  afford  the  Commissioners  every 
aid  in  our  power  to  facilitate  the  execution  of  the  law,  and, 
therefore,  cannot  at  this  time  grant  permission  to  export 
flour  or  wheat  purchased  by  the  agents  of  France ;  be 
cause  we  should  thereby  restrain  that  extensive  operation 
of  the  act,  by  which  alone  we  can  obtain  an  immediate 
supply  adequate  to  our  pressing  wants.  We  are  sensible, 
that  it  is  of  importance  that  the  Marine  of  France  should 
be  furnished  with  flour,  and  it  is  with  the  utmost  regret 
that  we  have  refused  permission,  and  nothing  could  have 
induced  us  to  do  it,  but  the  alarming  and  distressful  situa 
tion  of  our  army ;  and  when  we  have  assurances  that  their 
wants  are  relieved,  we  shall  with  pleasure  grant  license  as 
heretofore. 

The  numerous  evils,  that  would  result  from  procrasti 
nating  the  supplies  when  contrasted  with  the  inconvenien- 
cies  alluded  to  by  you,  will,  we  trust,  evince  the  propriety 
of  our  conduct  and  justify  our  refusal. 
We  are,  with  respect,  Sir,  &ic. 

J.  T.  CHASE,  President  of  the  Council 


TO    THE    PRESIDENT    OP    CONGRESS. 

Translation. 

Philadelphia,  January  10th,  1780. 
Sir, 

The  undersigned  Minister  Plenipotentiary  of  France, 
has  just  received  from  M.  Holker  a  letter,  of  which  a  copy 
is  annexed,  in  relation  to  a  law,  passed  by  the  State  of 


DIPLOMATIC   CORRESPONDENCE.  335 

Maryland,  to  authorise  the  Commissioners  therein  named 
o  seize  the  grain,  corn,  and  rice,  which  may  be  found 
stored  in  the  hands  of  individuals  in  that  State,  and  to 
carry  them  away.  It  is  to  be  presumed,  that  if  the  Gene 
ral  Assembly  of  Maryland  had  been  informed  of  the 
measures  taken,  at  a  great  expense,  to  procure  supplies 
for  the  fleets  of  his  Majesty  and  for  his  garrisons  in  the 
French  Islands,  and  of  the  pressing  wants  which  they 
suffer,  they  would  have  excepted  from  this  law  the  provis 
ions  found  in  the  hands  of  Mr  Smith. 

The  undersigned  is  about  to  take  suitable  measures  for 
inducing  the  government  to  refrain  from  seizing  the  said 
provisions,  and  to  replace  them  in  case  that  they  are 
already  seized.  He  earnestly  entreats  Congress  to  be 
pleased,  on  its  part,  to  recommend  to  the  Councils  and 
Assemblies  of  the  Thirteen  States  to  refrain,  in  circum 
stances  of  this  nature,  and  in  all  other  cases,  from  all 
measures  which  may  cause  any  uncertainty  in  the  opera 
tions  of  the  King's  Navy  Agents,  endanger  the  success  of 
the  plans  of  the  campaign,  and  expose  to  want  and  to  the 
greatest  inconveniences  the  garrisons  of  the  French  Islands, 
the  governors  of  which  are  previously  informed  of  the 
measures  taken  to  procure  supplies  for  them  in  the  United 
States,  and  in  concert  with  Congress  and  the  respective 
governments  of  the  States. 

The  present  juncture  being  of  a  very  pressing  nature, 
the  undersigned  entreats  Congress  to  be  pleased  to  come 
to  a  decision  on  this  subject  as  quickly  as  possible.  He, 
moreover,  proposes  to  the  Council  of  Maryland  to  subject 
the  agents  and  Commissioners,  charged  with  making  pur 
chases  on  account  of  his  Majesty,  to  all  the  legal  forms 
best  adapted  to  prevent  every  kind  of  abuse  on  their  part ; 
VOL.  x.  49 


386  LUZERNE. 

and  he  is  desirous  that    the  States,  in  which  purchases 
of  this  nature  may  he  made,  should  be  pleased  to  take 

similar  measures. 

LUZERNE. 


TO    GEORGE    WASHINGTON. 

Translation. 

Philadelphia,  January  23d,  1780. 
Sir, 

Advices  recently  received  from  Europe  make  mention 
of  the  efforts,  which  the  English  have  made  in  Germany 
to  procure  recruits  and  new  levies,  and  of  the  difficulty 
they  have  experienced  even  on  the  part  of  those  Courts 
with  whom  they  had  before  treated.  The  greatest  part 
of  the  German  Princes,  who  have  sold  soldiers  to  the 
Court  of  London,  now  blush  at  these  sales,  which  have 
excited  their  subjects  against  them,  and  which  besides 
have  drained  their  States.  They  are  reluctant  to  give 
troops  to  a  power,  that  is  making  war  against  France,  with 
whom  they  have  always  preserved  amicable  ties,  and  I  am 
assured,  that  it  is  even  doubtful  whether  the  English  will  be 
able  to  procure  a  few  recruits  to  complete  the  corps  they 
have  in  America. 

I  am  informed,  that  these  circumstances  have  deter 
mined  the  British  government  to  make  every  effort  to 
obtain  men  in  America,  whom  they  cannot  procure  in 
Europe,  and  that  Mr  Clinton  has  received  orders  to  spare 
no  pains  to  effect  the  exchange  or  deliverance  of  the  troops 
of  the  Convention  of  Saratoga,  and  of  other  prisoners,  who 
are  in  the  hands  of  the  Americans.  It  is  added,  that  the 
want  of  the  Court  of  London  for  soldiers  is  so  pressing,  that 


DIPLOMATIC  CORRESPONDENCE.  357 

General  Clinton  has  been  authorised  to  surmount  all  the 
difficulties,  which  may  arise  in  the  negotiation  of  this  ex 
change,  and  that  he  is  even  permitted  in  case  of  absolute 
necessity  to  treat  with  Congress,  or  their  Ministers,  on 
terms  of  perfect  equality,  and  as  with  an  independent 
power.  He  has  also  equally  full  liberty  to  agree  upon  the 
number  of  private  soldiers,  who  may  be  given  in  exchange 
for  an  officer  of  any  rank  whatsoever  ;  and  they  order  him 
simply  to  remember  in  treating  of  this  matter,  that  an  En 
glish  soldier  transported  to  America  is  of  an  infinite  price  to 
England,  and  they  exhort  him  to  employ  all  his  efforts  to 
bring  about  an  exchange  whatever  may  be  the  conditions. 

I  hasten  to  communicate  these  interesting  ideas  to  Con 
gress,  and  I  have  learned,  that  they  were  confirmed  by  the 
event,  and  that  Major  General  Phillips  had  in  effect  drawn 
on  a  negotiation,  the  progress  of  which  had  been  entirely 
confided  to  your  Excellency.  They  prayed  me  at  the 
same  time  to  send  you  a  communication  of  these  objects, 
which  the  Congress  think  ought  greatly  to  influence  the 
measures,  which  it  will  be  in  your  power  to  take,  when 
you  know  that  the  English  Commissioners  have  orders  to 
pass  over  all  difficulties,  and  to  grant  all  the  demands, 
which  may  be  made,  rather  than  to  lose  the  occasion  of 
reinforcing  the  army  they  have  upon  this  continent. 

I  join  to  this  some  extracts,  the  contents  of  which  have 
appeared  to  me  of  a  nature  to  interest  your  Excellency. 
You  will  see  besides,  Sir,  by  the  despatch  of  the  British 
Minister,  with  what  affectation  he  seeks  to  make  the  Thir 
teen  States  to  be  considered  as  subjected  to  the  English 
domination,  and  you  will  judge  of  what  importance  it  is  to 
you  to  treat  with  the  Court  of  London  upon  the  footing  of 
perfect  equality,  and  how  useful  an  act  of  this  nature  may 


388  LUZERNE. 

be  to  the  negotiations  of  Congress  in  Europe,  when  they 
can  add  to  all  the  facts,  of  which  the  Court  of  Madrid  makes 
mention  in  its  memoir,  a  cartel  regulated  on  the  footing  of 
perfect  parity,  and  which  would  prejudge  beforehand  the 
question  of  your  independence.  I  congratulate  myself,  that 
this  negotiation  is  in  your  hands,  and  I  am  well  persuaded, 
that  nothing  will  pass  derogatory  to  the  part,  which  my 
Court  has  taken  in  acknowledging  the  independence  and 
the  perfect  sovereignty  of  the  United  States. 

I  shall  intrust  to  your  Excellency,  that  the  King  is  dis 
posed  to  send  over  succors  to  this  continent,  of  arms  and 
ammunition,  but  as  the  events  of  the  sea  are  uncertain,  1 
believe  that  it  will  be  proper  to  make  no  change  in  the 
measures,  which  may  have  been  taken  otherwise  to  pro 
cure  them.  This  news  not  having  reached  me  till  yester 
day,  I  have  not  yet  been  able  to  make  a  communication 
of  it  to  Congress. 

As  you  may  be  retained  in  your  quarters  by  important 
considerations,  I  propose  to  go  to  render  you  my  duties 
in  the  course  of  the  next  month,  and  confer  with  your 
Excellency  on  objects  of  great  importance,  and  relative  to 
the  measures  necessary  to  push  the  next  campaign  with 
vigor,  and  to  put  the  American  army  in  a  condition  truly 
proper  to  hold  the  enemy  in  check  upon  the  continent, 
whilst  his  Majesty  and  the  King  of  Spain  shall  display  in 
the  other  parts  of  the  world  all  their  forces  to  secure  ad 
vantageous  terms  of  peace  to  the  allies. 
I  am,  with  respect,  Sir, 

LUZERNE. 

P.  S.  This  letter  will  be  delivered  to  your  Excellency 
by  M.  de  Galvan,  who  has  been  raised  to  the  rank  of  Major 


DIPLOMATIC  CORRESPONDENCE.  339 

by  your  goodness  ;  he  desires  to  merit  it  anew,  and  prays 
me  to  solicit  you  to  put  his  zeal  in  activity.  I  shall  be 
very  grateful  for  what  you  may  be  pleased  to  do  for  him. 
He  was  particularly  recommended  to  me  by  the  Minister 
of  France.  He  appeared  to  me  to  merit  a  great  deal  from 
his  zeal,  and  from  his  personal  attachment  to  your  Ex 
cellency. 

PAPERS  MENTIONED  IN  THE  ABOVE  LETTER. 

No.  1. 
Translation. 

Extract  of  a  Memorial  communicated  by  the  Ambassador 
of  England  to  the  Court  of  Madrid,  on  the  %8th  of 
March,  1779. 

Let  the  Colonies  expose  also  their  grievances,  and  the 
conditions  for  their  security,  or  for  their  precaution,  in 
order  that  the  continuance  and  authority  of  lawful  govern 
ment  may  be  re-established  ;  and  then  we  shall  see  if  a 
direct  and  immediate  accommodation  can  take  place.  If 
this  same  method  is  preferred  in  this  last  case  only,  let  a 
truce  be  made  in  North  America,  that  is  to  say,  a  real 
truce  and  suspension  of  arms,  during  which  may  be  estab 
lished  and  secured  the  liberty  and  estates  of  persons  of 
every  condition,  and  let  all  sort  of  violence  against  the 
respective  subjects,  or  against  the  estates  or  effects  which 
they  possess,  be  made  to  cease.  During  this  truce,  the 
French  may  treat  upon  their  particular  concerns,  avoiding 
thereby  the  suspicions,  to  which  they  would  necessarily 
expose  themselves,  if  they  wish  to  involve  in  the  negotia 
tion  their  private  advantage  relatively  to  the  pretended  in- 


390  LUZERNE. 

terests  of  those,  whom  France  with  affectation  calls  her 
allies  y  and  his  Majesty  will  be  able  to  establish  the  gov 
ernment  of  his  own  dominions,  without  suffering  the  humil 
iation  of  not  receiving,  but  from  the  hand  of  a  declared 
enemy,  the  conditions  which  regard  this  government. 

No.  2. 
Translation. 

Ultimatum  proposed  by  the  Court  of  Madrid  to  the  Courts 
oj  France  and  England,  dated  3d  of  April,  1779. 

If  these  overtures  or  propositions  had  arrived  here  im 
mediately  after  the  King  had  made  his  to  adjust  the  plan 
of  reconciliation,  several  difficulties  might  have  been  some 
time  since  removed,  by  the  modifications,  which  might 
have  been  negotiated,  counting  upon  good  faith  and  recip 
rocal  confidence,  as  well  as  the  desire  of  obtaining  a  peace ; 
but  after  having  lost  more  than  two  months,  without  reck 
oning  the  time  that  uselessly  passed  before,  and  after  hav 
ing  observed  that  during  this  interval  they  did  not  cease 
to  make  great  preparations  of  war,  it  must  necessarily  be 
suspected,  that  the  object  of  England  is  to  let  glide  away 
the  months,  which  the  campaign  might  still  last,  to  continue 
the  war  with  vigor.  In  this  case  all  the  efforts  of  the  King 
to  bring  back  the  belligerent  powers  to  peace  would  be 
ineffectual.  Nevertheless,  his  Majesty,  wishing  to  give  one 
more  proof  of  his  love  of  humanity,  and  to  make  it  appear 
that  he  has  neglected  nothing  to  stop  and  prevent  the 
calamities  of  war,  has  ordered  to  propose  to  the  two  Courts 
the  following  plan,  which  will  be  on  his  part  an  ultimatum 
in  this  affair. 

"That  there  shall  be  an  unlimited  suspension  of  arms 


DIPLOMATIC  CORRESPONDENCE.  391 

with  France  on  the  condition,  that  neither  of  the  belligerent 
powers  can  break  it  without  advertising  the  other  a  year 
beforehand. 

"That  with  a  view  of  re-establishing  reciprocal  security 
and  good  faith  between  the  two  Crowns,  by  means  of  this 
suspension  of  hostilities,  there  shall  be  a  general  disarming 
in  the  space  of  one  month  on  the  side  of  Europe,  in  four 
months  on  that  of  America,  and  in  eight  months  or  a  year 
for  those  of  Africa  and  of  Asia  the  most  remote. 

"That  they  shall  determine  in  a  month  the  place  where 
the  Plenipotentiaries  of  the  two  Courts  shall  assemble,  to 
treat  of  a  definitive  accommodation  of  peace,  and  to  regu 
late  the  restitutions  or  compensations  relative  to  the  repri 
sals,  which  have  been  made  without  adjudication  of  war, 
and  to  other  grievances  or  pretensions  of  one  or  the  other 
Crown.  For  this  purpose  the  King  will  continue  his  me 
diation,  offering  in  the  first  place  the  city  of  Madrid  to 
hold  a  Congress. 

"That  the  King  of  Great  Britain  shall  grant  a  like 
cessation  of  hostilities  to  the  American  Colonies,  by  the 
intercession  and  mediation  of  his  Catholic  Majesty,  a  year 
beforehand,  to  the  end,  that  he  may  apprize  the  said 
American  Provinces,  that  they  are  equally  ordered  to 
make  a  reciprocal  disarming  at  the  epochas,  and  for  the 
spaces  of  time,  which  have  been  specified  with  regard  to 
France. 

"That  the  bounds  be  fixed  beyond  which  neither  of 
the  two  parties  shall  pass  from  the  positions  and  territories, 
in  which  it  shall  be  at  the  time  of  the  ratification  of  this 
arrangement. 

"That  they  may  send  to  Madrid  one  or  more  Commis 
sioners  on  the  part  of  the  Colonies,  and  that  his  Britannic 


392  LUZERNE. 

Majesty  may  also  send  others  on  his  part  under  the  medi 
ation  of  the  King,  if  necessary,  in  order  to  adjust  all 
those  points  and  others,  which  respect  this  suspension 
of  arms,  and  the  effects  which  it  ought  to  produce, 
so  long  as  it  shall  subsist,  and  that  during  this  interval  the 
Colonies  shall  be  treated  as  independent  in  fact.  That 
in  case  all  the  belligerent  powers,  or  any  others  among 
them,  or  even  the  Colonies  themselves,  demand  that  the 
treaties  or  accommodations,  which  are  concluded,  be  guar 
antied  by  those  powers  and  by  Spain,  they  shall  in  effect 
be  so  guarantied.  And  the  Catholic  King  now  offers  his 
guarantee  for  the  preliminaries." 


No.  3. 
Translation. 

Extract  from  the  Exposition  of  the  Motives  of  the  Court 
of  Spain  relative  to  England. 

Among  the  propositions  of  the  ultimatum  of  the  King 
of  Spain,  there  is  one  for  which  the  British  Cabinet  has 
affected  to  have  the  greatest  repugnance,  and  that  is  the 
proposition  which  imparts,  that  the  Colonies  shall  be  treated 
as  independent  in  fact,  during  the  interval  of  the  truce. 
It  is  extraordinary,  since  it  is  even  ridiculous,  that  the 
Court  of  London  after  having  treated  the  Colonies  during 
the  war  as  independent,  not  only  in  fact,  but  also  of  right. 
should  have  any  repugnance  to  treat  them  as  independent 
only  in  fact,  during  the  truce,  or  suspension  of  arms.  The 
Convention  of  Saratoga,  General  Burgoyne  considered  as 
a  lawful  prisoner,  the  exchange  and  liberation  of  other 
Colonial  prisoners,  the  nomination  of  Commissioners  to 


DIPLOMATIC  CORRESPONDENCE.  393 

meet  the  Americans  at  their  own  homes,  the  act  of  having 
asked  peace  of  them,  and  to  treat  with  them,  or  with  Con 
gress,  and  a  hundred  other  facts  of  this  nature,  authorised 
by  the  Court  of  London,  have  been  genuine  signs  of  an 
acknowledgment  of  the  independence  of  the  Colonies. 

It  is  the  English  nation  itself,  who  can  best  judge  and 
decide,  whether  all  these  acts  are  as  compatible  with  the 
honor  of  the  British  Crown,  as  would  be  that  of  granting 
to  the  Colonies,  by  the  interposition  of  his  Catholic  Majesty, 
a  suspension  of  arms  to  discuss  their  differences,  and  to 
treat  them  during  this  interval  as  independent  in  fact. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  January  24th,  1780. 
Sir, 

I  have  the  honor  of  sending  you  the  credentials,  by 
which  M.  d'Anmours  is  provisionally  appointed  his  Majes 
ty's  Consul  in  the  State  of  North  Carolina.  I  entreat  you 
to  be  pleased  to  cause  them  to  be  invested  with  the  sanc 
tion  of  Congress,  by  having  them  entered  upon  the  regis 
ters,  and  by  taking  the  trouble  to  affix  your  approval,  or 
causing  that  of  Mr  Thompson  to  be  affixed,  according  to 
the  mode  heretofore  pursued  in  similar  cases. 

I  have  the  honor  to  be,  &ic. 

LUZERNE. 

VOL.  x,  50 


394  LUZERNE. 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  January  25th,  1780. 

Sir, 

The  Minister  Plenipotentiary  of  France  has  received 
express  orders  from  the  King,  his  master,  to  inform  Con 
gress,  that  the  present  situation  of  the  affairs  of  the  alli 
ance  in  Europe  announces  the  necessity  of  another  cam 
paign,  which  is  indispensable  to  bring  England  to  an  ac 
knowledgment  of  the  independence  of  the  Thirteen  United 
States,  which  is  the  essential  purpose  of  the  present  war. 
That  power  is  making  preparations  the  most  proper  for 
continuing  the  war  with  vigor,  and  appears  willing  to  em 
ploy,  in  the  course  of  this  year,  all  the  means  possible  to 
procure  reparation,  by  some  important  enterprise,  for 
the  losses  it  has  already  sustained.  Congress  cannot 
doubt,  that  in  this  situation  of  affairs  his  Most  Chris 
tian  Majesty  and  the  King  of  Spain  have  concerted  plans 
to  maintain  that  superiority  by  sea,  which  has  begun  to 
appear  in  their  favor  ;  and  the  underwritten  has  reason 
to  believe,  that  the  United  States  have  nothing  to  desire 
of  their  ally,  touching  the  use  he  is  making  of  the  resources 
of  his  realm,  and  the  efficacy  of  the  measures  adopted  by 
the  Cabinets  of  Versailles  and  Madrid. 

But  while  this  powerful  diversion  retains  in  Europe,  and 
the  West  Indies,  the  greater  part  of  the  land  and  sea 
forces  of  the  common  enemy,  it  is  absolutely  necessary, 
that  the  United  States,  on  their  part,  should  make  efforts 
proportionable  to  the  greatness  of  the  object  for  which  they 
are  contending.  The  only  means  of  putting  an  end  to 
the  calamities  of  the  war  is  to  push  it  with  new  vigor ; 


DIPLOMATIC  CORRESPONDENCE.  395 

to  take  effectual  measures  immediately  for  completing 
the  army  and  putting  it  in  condition  to  begin  an  early  cam 
paign. 

It  is  also  necessary  to  concert,  as  far  as  the  distance  of 
places  will  permit,  a  plan  of  common  operations  ;  and  this 
is  one  of  the  principal  points  on  which  the  underwritten 
Minister  is  ordered  to  consult  with  Congress.  He  is  also 
ordered  to  assure  this  Assembly,  that  the  King  being  in 
formed  of  the  wants  of  the  American  army,  with  respect 
to  arms  and  ammunition,  has  commanded  his  Ministers  to 
make  suitable  arrangements  for  supplying  them.  It  is  ne 
cessary  that  the  underwritten  Minister  should  confer  with 
Congress  on  the  subjects  just  mentioned.  Besides,  he  has 
some  particular  circumstances  to  communicate  relative  to 
the  present  or  probable  state  of  the  negotiations ;  and  he 
desires  that  this  assembly  will  be  pleased  to  inform  him  in 
what  manner  they  will  receive  the  communication,  the  sub 
ject  of  which,  as  well  as  the  plan  of  operations  for  the 
ensuing  campaign,  requires  the  most  profound  secrecy. 
In  the  meanwhile,  he  now  only  assures  Congress,  that  in 
the  whole  course  of  the  negotiations  carried  on  last  year, 
the  King  would  not  listen  to  either  peace  or  truce,  without 
ati  assurance,  of  some  sort,  of  the  independence  of  the 
United  States. 

LUZERNE. 


REPORT    OF    A    COMMITTEE    ON    THE    COMMUNICATIONS    OF 
THE    FRENCH    MINISTER. 

In  Congress,  January  28th,  1780. 

The  committee  appointed  to  receive  the  communica 
tions  of  the  Minister  of  France,   reported   the   following 


396  LUZERNE. 

summary,  accompanied  with  extracts  of  papers,  which  he 
had  recently  received.* 

The  Minister  of  France  informed  the  Committee,  that 
he  had  it  in  command  from  his  King  to  impress  upon  the 
minds  of  Congress,  that  the  British  Cabinet  have  an  almost 
insuperable  reluctance  to  admit  the  idea  of  the  indepen 
dence  of  these  United  States,  and  will  use  every  possible 
endeavor  to  prevent  it  That  they  have  filled  several  of 
the  Courts  of  Europe  with  negotiations,  in  order  to  ex 
cite  them  to  a  war  against  France,  or  to  obtain  succors ; 
and  are  employing  the  most  strenuous  endeavors  to  per 
suade  the  several  powers,  that  the  United  States  are  dis 
posed  to  enter  into  treaties  of  accommodation.  That  many 
persons  in  Europe  are  actually  employed  in  bringing  such 
treaties  to  perfection  ;  and  that  they  have  no  doubt  of  their 
success.  That  the  objects  which  the  British  Cabinet  hope 
for  from  those  measures  are,  to  destroy  the  superiority, 
which  France  has  now  at  sea,  by  diverting  her  powers 
and  resources  from  naval  to  land  operations,  and  by  en 
gaging  her  in  a  land  war,  where  she  must  risk  very  impor 
tant  interests,  while  England  would  risk  nothing  but  money ; 
or  to  break,  or  weaken  the  alliance,  by  destroying  the  con 
fidence,  which  the  allies  ought  to  have  in  each  other. 

That  his  Most  Christian  Majesty  gives  no  credit  to  the 
suggestions  of  Britain,  relative  to  the  disposition  of  the 
United  States ;  and  it  is  necessary,  that  measures  be  taken 
for  the  preventing  of  other  powers  from  being  deceived 
into  a  belief  of  them.  That  the  negotiations  of  Britain,  as 
far  as  could  yet  be  learned,  had  not  succeeded.  That  the 

*•  These  extracts  were  the  same  as  had  been  sent  to  General 
Washington,  and  are  printed  above,  in  connexion  with  M.  de  la 
Luzerne's  letter  to  him,  dated  January  23d,  1780. 


DIPLOMATIC  CORRESPONDENCE.  397 

dispositions  of  all  the  European  powers  are,  as  far  as  can 
be  known,  very  friendly  to  France ;  but  some  of  them 
may  be  engaged  in  secret  treaties  with  Britain,  which  may 
oblige  them,  in  some  event,  to  assist  her  with  troops  even 
against  their  inclinations.  That  such  event  may  arise,  and 
if  it  should,  it  is  probable  it  will  produce  an  armed  medi 
ation,  the  consequences  of  which  would  be,  that  the  allies 
must  accept  of  the  terms  proposed  by  the  mediator,  or  con 
tinue  the  war  under  the  disadvantage  of  having  the  forces 
of  the  mediator  united  with  those  of  their  enemies.  That 
in  such  event,  it  is  possible  the  terms  proposed  will  be 
such  as  Spain  offered,  and  Britain  rejected,  in  the  last 
proposed  mediation. 

That,  though  the  powers  who  may  be  under  such  en 
gagements  by  treaty  to  Great  Britain,  from  their  friendly 
disposition  towards  his  Most  Christian  Majesty,  may  be 
very  unwilling  to  give  assistance  to  his  enemies,  yet  they 
may  find  it  indispensably  necessary  in  compliance  with 
their  engagements  ;  but  it  is  not  improbable  that  their  re 
luctance,  or  the  distance  of  their  dominions,  may  delay 
such  assistance,  if  granted  at  all,  so  as  to  be  too  late  for 
the  next  campaign.  That  should  the  enemy  be  in  pos 
session  of  any  part  of  the  United  States  at  the  close  of  the 
next  campaign,  it  will  be  extremely  difficult  to  bring  Great 
Britain  to  acknowledge  their  independence  ;  and  if  a  me 
diator  should  be  offered,  while  the  enemy  is  in  possession 
of  any  part,  an  impartial  mediator  could  not  easily  refute 
the  arguments,  which  might  be  used  for  its  retaining  such 
possessions.  And,  probably,  a  mediator  well  disposed 
towards  Great  Britain  might  insist  on  her  holding  them ; 
and  if  not  agreed  to,  the  hostility  of  such  a  mediator  would 
be  the  necessary  consequence.  That  should  Great 


398  LUZERNE. 

Britain  form  such  alliances,  or  procure  such  aids,  as  are 
the  objects  of  her  present  negotiations,  there  will  be  every 
reason  to  fear  a  long  and  an  obstinate  war,  whereof  jhe 
final  event  may  be  doubtful. 

That  this  view  ^f  affairs  plainly  points  out  the  necessity 
for  the  greatest  possible  vigor  in  the  operations  of  the  next 
campaign,  in  order  to  dispossess  the  enemy  of  every  part 
of  the  United  States,  and  to  put  them  in  condition  to  treat 
of  peace,  and  accept  of  a  mediation  with  the  greatest  ad 
vantage  ;  and  the  preparations  for  it  ought  to  be  as  speedy 
and  as  effectual  as  possible.  That  France  and  Spain  are 
prepared  to  make  a  very  powerful  diversion,  and  will  exert 
themselves  most  strenuously  for  preserving  and  improving 
their  naval  superiority,  and  for  employing  the  powers  of 
the  enemy  in  Europe  and  the  West  Indies.  The  Minister 
declared,  as  from  himself,  that  he  doubted  not  his  Most 
Christian  Majesty  will  spare  some  ships  to  the  United 
States,  if  it  can  be  done  without  endangering  his  superi 
ority  at  sea  ;  and  that  an  application  made  to  the  Minister 
informally  is  more  eligible  than  to  the  King,  because  it 
would  give  his  Majesty  great  pain  to  refuse  the  request, 
though  he  might  be  in  no  condition  to  grant  it.  That  at 
all  events,  supplies  should  be  prepared  on  a  supposition 
that  the  ships  will  be  granted  ;  and  such  supplies  should 
be  put  into  the  hands  of  the  Agent  for  the  Marine  of 
France,  and  considered  as  the  King's  property. 

He  desires  to  be  informed,  as  far  as  Congress  may 
deem  proper,  what  force  the  United  States  can  bring  into 
the  field  next  campaign  ?  On  what  resources  they  rely  for 
their  maintenance  and  necessary  appointments  ?  And  what 
shall  be  the  general  plan  of  the  campaign,  on  supposition 
either  of  having,  or  not  having  the  aid  of  ships  of  war  ? 


DIPLOMATIC  CORRESPONDENCE.  399 

He  gives  it  as  his  opinion,  that  an  application  for  clothing 
may  be  made  to  his  Most  Christian  Majesty  with  prospect 
of  success  ;  and  although  measures  have  been  taken  for 
sending  arms  and  warlike  stores  to  America,  yet  it  would 
be  prudent  in  Congress  not  to  neglect  any  other  means  for 
procuring  those  supplies,  or  supplies  of  clothing. 


ANSWER    OF    CONGRESS    TO    THE  COMMUNICATIONS  OF  THE 
FRENCH    MINISTER. 

In  Congress,  January  31st,  1780. 

Congress  taking  into  consideration  the  communications 
of  the  French  Minister,  as  reported  by  the  committee  on 
the  28th  instant, 

Resolved,  That  the  following  answer  be  given  to  the 
communications  of  the  honorable  the  Minister  Plenipoten 
tiary  of  France ; 

That  Congress  entertain  the  most  grateful  sense  of  the  un 
remitting  attention  given  to  the  interests  of  the  United  States 
by  their  illustrious  airy  ;  and  consider  the  communications 
made  to  them  by  his  Minister  under  his  Majesty's  special 
command  as  equally  wise  and  interesting.  That  the  confi 
dence  which  they  repose  in  his  Majesty,  in  consequence  of 
his  so  generously  interesting  himself  in  the  affairs  of  these 
United  States,  and  the  wisdom  and  magnanimity  of  his 
councils,  determine  them  to  give  the  most  perfect  informa 
tion  in  their  power  of  their  resources,  their  views,  and  their 
expectations. 

That  to  this  end,  they  state  as  follows ;  that  the  United 
States  have  expectations,  on  which  they  can  rely  with 
confidence,  of  bringing  into  the  field  an  army  of  twenty- 
five  thousand  effective  men,  exclusive  of  commissioned 


400  LUZERNE. 

officers.  That  this  army  can  be  reinforced  by  militia  so 
as  to  be  in  force  sufficient  for  any  enterprises  against 
the  posts  occupied  by  the  enemy  within  the  United 
States.  That  supplies  of  provisions  for  the  army  in  its 
greatest  number  can  certainly  be  obtained  within  the 
United  States  ;  and-the  Congress,  with  the  co-operation  of 
the  several  States,  can  take  effectual  measures  for  pro 
curing  them  in  such  manner  as  that  no  operation  will  be 
impeded.  That  provisions,  also,  for  such  of  the  forces  of 
his  Most  Christian  Majesty,  as  may  be  employed  in  con 
junction  or  co-operation  with  those  of  the  United  States, 
can  be  procured  under  the  direction  of  Congress;  and 
such  provisions  shall  be  laid  up  in  magazines,  agreeably 
to  such  instructions  as  his  Majesty's  Minister  Plenipoten 
tiary  shall  give ;  and  the  magazines  shall  be  put  under  the 
direction  of  the  Agent  of  the  Marine  of  France. 

That  Congress  rely  on  the  contributions  of  the  States 
by  taxes,  and  on  moneys  to  be  raised  by  internal  loans, 
for  the  pay  of  the  army.  That  supplies  of  clothing,  of 
tents,  of  arms  and  warlike  stores,  must  be  principally  ob 
tained  from  foreign  nations  ;  and  the  United  States  must 
rely  chiefly  on  the  assistance  of  their  ally  for  them  ;  but 
every  other  means  for  procuring  them  are  already  taken, 
and  will  be  prosecuted  with  the  greatest  diligence. 

That  the  United  States,  with  the  assistance  of  a  com 
petent  naval  force,  would  willingly,  during  the  next  cam 
paign,  carry  on  the  most  vigorous  offensive  operations 
against  the  enemy  in  all  the  posts  occupied  by  them  within 
the  United  States.  That  without  such  naval  force,  little 
more  can  be  attempted  by  them  than  straitening  the  quar 
ters  of  the  enemy,  and  covering  the  interior  parts  of  the 
country.  That  their  forces  must  be  disposed  in  such 


DIPLOMATIC  CORRESPONDENCE.  401 

manner  as  to  oppose  the  enemy  with  the  greatest  effect, 
wheresoever  their  most  considerable  operations  may  be 
directed. 

That  at  present,  the  Southern  States  seem  to  be  their 
principal  object,  and  their  design  to  establish  themselves  in 
one  or  more  of  them  ;  but  their  superiority  at  sea  over  the 
United  States  enables  them  to  change  their  objects  and 
operations  with  great  facility,  while  those  of  the  United 
States  are  rendered  difficult  by  the  great  extent  of  country 
they  have  to  defend. 

That  Congress  are  happy  to  find  that  his  Most  Chris 
tian  Majesty  gives  no  credit  to  the  suggestions  of  the  Brit 
ish  cabinet  relative  to  the  dispositions  of  the  United  States, 
or  any  of  them,  to  enter  into  treaties  of  accommodation 
with  Great  Britain ;  and  wish  his  Majesty  and  all  the 
powers  of  Europe  to  be  assured,  that  such  suggestions  are 
insidious  and  without  foundation. 

That  it  will  appear  by  the  constitutions  and  other  pub 
lic  acts  of  the  several  States,  that  the  citizens  of  the  United 
States  possessed  of  arms,  possessed  of  freedom,  possessed 
of  political  power  to  create  and  direct  their  magistrates  as 
they  think  proper,  are  united  in  their  determinations  to 
secure  to  themselves  and  their  posterity  the  blessings  of 
liberty,  by  supporting  the  independence  of  their  govern 
ments,  and  observing  their  treaties  and  public  engagements 
with  immovable  firmness  and  fidelity.  And  the  Congress 
assure  his  Majesty,  that  should  any  individual  in  America 
be  found  base  enough  to  show  the  least  disposition  for  per 
suading  the  people  to  the  contrary,  such  individual  would 
instantly  lose  all  power  of  effecting  his  purpose,  by  forfeit 
ing  the  esteem  and  confidence  of  the  people. 
VOL.  x.  51 


402  LUZERNE, 


COMMUNICATIONS    OF    THE    FRENCH    MINISTER    TO    A  COM 
MITTEE    OF    CONGRESS    AT    A    SECOND    CONFERENCE. 

In  Congress,  February  2d,  1780. 

The  Committee  report,  that  in  a  second  conference 
with  the  honorable  the  Minister  Plenipotentiary  of  France 
he  communicated  to  them  ; 

That  his  Most  Christian  Majesty,  being  uninformed  of 
the  appointment  of  a  Minister  Plenipotentiary  to  treat  of 
an  alliance  between  the  United  States  and  his  Catholic 
Majesty,  has  signified  to  his  Minister  Plenipotentiary  to  the 
United  States,  that  he  wishes  most  earnestly  for  such  an 
alliance ;  and  in  order  to  make  the  way  therelo  more 
easy,  has  commanded  him  to  communicate  to  the  Congress 
certain  articles,  which  his  Catholic  Majesty  deems  of  great 
importance  to  the  interests  of  his  Crown,  and  on  which  it 
is  highly  necessary  that  the  United  States  explain  them 
selves  with  precision,  and  with  such  moderation  as  may 
consist  with  their  essential  rights. 

That  the  articles  are, 

1st.  A  precise  and  invariable  western  boundary  to  the 
United  States. 

2dly.     The  exclusive  navigation  of  the  river  Mississippi. 

3dly.     The  possession  of  the  Floridas ;  and 

4thly.  The  lands  on  the  left  or  eastern  side  of  the 
river  Mississippi. 

That  on  the  first  article,  it  is  the  idea  of  the  cabinet  of 
Madrid,  that  the  United  States  extend  to  the  westward  no 
farther  than  settlements  were  permitted  by  the  royal  pro 
clamation  bearing  date  the  day  of  1763. 

On  the  second,  that  the  United  States  do  not  consider 


DIPLOMATIC  CORRESPONDENCE.  403 

themselves  as  having  any  right  to  navigate  the  river  Missis 
sippi,  no  territory  belonging  to  them  being  situated  thereon. 

On  the  third,  that  it  is  probable  that  the  King  of  Spain 
will  conquer  the  Floridas  during  the  course  of  the  present 
war ;  and  in  such  event,  every  cause  of  dispute  relative 
thereto  between  Spain  and  these  United  States  ought  to 
be  removed. 

On  the  fourth,  that  the  lands  lying  on  the  east  side  of 
the  Mississippi,  whereon  the  settlements  were  prohibited 
by  the  aforesaid  proclamation,  are  possessions  of  the  Crown 
of  Great  Britain,  and  proper  objects  against  which  the 
arms  of  Spain  may  be  employed,  for  the  purpose  of 
making  a  permanent  conquest  for  the  Spanish  Crown. 
That  such  conquest  may,  probably,  be  made  during  the 
present  war.  That,  therefore,  it  would  be  advisable  to 
restrain  the  Southern  States  from  making  any  settlements 
or  conquests  in  those  territories.  That  the  Council  of 
Madrid  consider  the  United  States  as  having  no  claims  to 
those  territories,  either  as  not  having  had  possession  of 
them  before  the  present  war,  or  not  having  any  foundation 
for  a  claim  in  the  right  of  the  sovereignty  of  Great  Britain, 
whose  dominion  they  have  abjured. 

That  his  Most  Christian  Majesty,  united  to  the  Catholic 
King  by  blood  and  by  the  strictest  alliances,  and  united 
with  these  States  in  treaties  of  alliance,  and  feeling  towards 
them  dispositions  of  the  most  perfect  friendship,  is  exceed 
ingly  desirous  of  conciliating  between  his  Catholic  Majesty 
and  these  United  States,  the  most  happy  and  lasting 
friendship. 

That  the  United  States  may  repose  the  utmost  confi 
dence  in' his  good  will  to  their  interests,  and  in  the  justice 
and  liberality  of  his  Catholic  Majesty ;  and  that  he  cannot 


404  LUZERNE, 

* 

deem  the  revolution,  which  has  set  up  the  independence  ol 
these  United  States,  as  past  all  danger  of  unfavorable 
events,  until  his  Catholic  Majesty  and  the  United  States 
shall  be  established  on  those  terms  of  confidence  and  amity, 
which  are  the  objects  of  his  Most  Christian  Majesty's  very 
earnest  wishes. 


GEORGE  WASHINGTON  TO  M.  DE  I>A  LUZERNE. 

Head  Quarters,  Morristown,  February  4th,  1780, 

Sir, 

Major  Galvan  delivered  me  the  letter,  which  your  Ex 
cellency  did  me  the  honor  to  write  to  me  on  the  23d  of 
January,  to  which  I  have  paid  all  the  attention  the  im 
portance  of  its  contents  demands.  I  am  much  flattered  by 
this  commencement  of  a  correspondence,  from  which  I 
have  everything  to  gain,  and  equally  indebted  for  the  in 
teresting  communications  it  affords. 

It  is  a  happy  circumstance,  that  the  efforts  made  by  the 
British  Court  for  obtaining  troops  in  Germany  are  attended 
with  so  little  success.  This  will  naturally  increase  thek 
exertions  for  procuring  men  in  this  country,  and  will,  no 
doubt,  make  them  more  solicitous  for  effecting  the  ex 
change  or  release  in  some  way  or  other,  of  their  prisoners 
in  our  hands.  It  will  be  well,  if  in  the  negotiations  on  this 
subject,  we  can  extract  concessions  favorable  to  those, 
which  may  take  place  in  Europe,  and  you  may  depend 
the  experiment  shall  be  fully  tried.  But  from  the  aspect 
of  the  late  propositions  on  the  part  of  the  enemy,  I  should 
not  entertain  any  sanguine  hopes  of  the  success  of  this  ex 
periment.  The  reinforcement  they  would  derive  from  a 
full  compliance  with  their  proposals  is  not  calculated  at 


DIPLOMATIC  CORRESPONDENCE. 

more  than  ten  or  eleven  hundred  private  men ;  and  this 
seems  hardly  to  be  an  object  of  sufficient  magnitude  to 
induce  them  to  concede  to  points  of  the  nature,  which  your 
Excellency's  information  supposes  ;  especially,  as  you  em 
phatically  express  it,  "after  having  sought  with  so  much 
affectation  to  make  the  Thirteen  States  be  considered  as 
subjected  to  the  English  domination."  The  offers  made 
through  Major  General  Phillips  are  far  more  moderate, 
than  any  that  have  hitherto  come  from  them,  and  appear, 
in  a  great  measure,  to  have  been  influenced  by  his  per 
sonal  solicitations,  dictated  by  an  extreme  anxiety  to  be 
released  from  captivity.  But  notwithstanding  the  matter 
in  its  present  form  wears  to  me  the  appearance  I  have 
mentioned,  I  shall  not  neglect  any  measure,  which  it  may 
be  in  my  power  to  take,  to  improve  the  intimation  your 
Excellency  has  given,  and  entreat  you  to  be  assured,  that 
I  shall  endeavor  to  make  the  event  confirm  the  opinion 
you  do  me  the  honor  to  entertain,  that  nothing  will  be 
done  derogatory  to  the  magnanimous  part  your  Court  has 
acted,  or  the  honor  or  interest  of  the  United  States. 

The  inconsistency  of  the  Court  of  London,  so  well  de 
lineated  by  that  of  Madrid  in  the  extract  you  had  the 
goodness  to  annex,  would  appear  extraordinary,  if  their 
whole  conduct  in  the  course  of  the  war  did  not  exhibit 
many  similar  examples.  But  it  is  evident,  that  their  re 
fusing  to  consider  these  States  as  independent  in  fact, 
during  a  negotiation,  was  a  mere  pretext  to  cover  their 
unwillingness  to  concur  in  the  pacific  views  of  His 
Catholic  Majesty  ;  and  the  Memorial  from  the  British 
Ambassador  shows,  that  they  were  artfully  aiming  to 
effect  a  separation  of  interests  between  France  and 
these  States,  the  better  to  prosecute  their  hostile  de 
signs  against  either  or  both. 


406  LU2ERNE 

I  thank  your  Excellency  for  the  agreeable  intelli 
gence  you  give  me  of  his  Christian  Majesty's  inten 
tions  to  send  over  succors  of  arms  and  ammunition. 
It  is  a  new  and  valuable  proof  of  his  friendship,  and 
will  be  of  essential  utility.  I  agree  with  you,  that 
there  ought  to  be  no  relaxation  in  the  measures  other 
wise  intended  to  be  taken  to  procure  the  necessary 
supplies  of  those  articles. 

I  am  sensibly  mortified,  that  the  present  situation  of 
affairs  will  by  no  means  suffer  me  to  yield  to  the  desire 
I  have  of  paying  you  my  respects  in  Philadelphia;  and 
I  shall  impatiently  look  for  the  opportunity  of  doing  it 
here,  which  your  Excellency  promises  me  in  the  course 
of  this  month.  Besides  the  important  objects  of  public 
utility,  which  I  am  authorised  to  hope  from  it,  I  shall 
take  pleasure  on  every  occasion  of  testifying  to  you 
those  sentiments  of  respect  and  esteem,  with  which  I 
have  the  honor  to  be,  &c. 

GEORGE  WASHINGTON. 

P.  S.  The  interest  your  Excellency  is  pleased  to 
take  in  Major  Galvan,  will  be  an  additional  motive 
with  me  to  avail  myself  of  his  talents  and  zeal,  as  far 
as  circumstances  will  possibly  permit. 


GEORGE  WASHINGTON  TO  M.  DE  LA  LUZERNE. 

Head  Quarters,  Morristown,  February  15th,  1780. 
Sir, 

I  have  the  honor  to  acknowledge  the  receipt  of  your 
Excellency's  letter  of  the  4th,*  which  only  reached 
me  on  the  13th. 

"  Missing. 


DIPLOMATIC   CORRESPONDENCE.  407 

Sincerely  desirous  of  doing  everything  in  my  power, 
by  which  the  interest  of  his  Christian  Majesty,  insepa 
rable  from  that  of  these  States,  can  in  any  manner  be 
promoted,  and  still  more  in  a  point  so  essential  as  that 
which  makes  the  subject  of  your  letter,  I  should  not 
hesitate  to  furnish  the  detachment  required  by  Mr 
Duer,  whatever  might  be  my  opinion  of  its  necessity, 
did  not  the  present  state  of  the  army  absolutely  forbid 
it.  I  with  confidence  assure  your  Excellency,  that  our 
force  is  so  reduced  by  the  expiration  of  the  terms  for 
which  a  considerable  part  of  it  was  engaged,  and  will 
be  so  much  more  diminished  in  the  course  of  a  month 
or  two  from  the  same  cause,  as  scarcely  to  suffice  for 
the  exigence  of  the  service,  and  to  afford  just  cause  for 
uneasiness  should  the  enemy  be  actuated  by  a  spirit  of 
enterprise,  before  we  receive  the  reinforcements  in 
tended  for  the  next  campaign.  So  circumstanced,  my 
duty  to  the  common  cause  will  not  justify  me  in  adding 
to  the  insecurity  of  our  situation,  by  making  a  detach 
ment,  which,  though  apparently  inconsiderable,  would 
be  materially  felt  in  our  present  weakness;  and  I  am 
persuaded,  after  the  information  now  given,  that  your 
Excellency  will  wish  me  not  to  hazard  the  measure. 

With  respect  to  the  necessity  of  a  covering  party,  I 
shall  not  venture  to  decide;  but  I  should  imagine  in 
the  present  state  of  things,  that  the  business  may  be  car 
ried  on  with  tolerable  security  without  one.  The  conse 
quences  of  the  late  expedition  promise  tranquillity  for 
some  time  to  our  frontier  and  make  it  at  any  rate 
improbable  that  the  savages  will  be  able  to  penetrate 
so  far  at  so  early  a  period,  and  the  proposition  does  not 
require  that  the  covering  party  should  remain,  longer 


408  LUZERNE. 

than  until  the  last  of  April.  The  intelligence  I  have 
received  corresponds  with  these  ideas.  It  might  be 
added,  that  the  garrison  at  Wyoming  gives  some  de 
gree  of  protection  to  the  part  of  the  country  in  ques 
tion.  But  as  it  is  very  important,  that  no  interruption 
should  be  given  to  the  workmen,  if  a  covering  party 
should  upon  the  whole  be  thought  requisite,  the  best 
mode  of  furnishing  it  will  be  from  the  neighboring 
militia.  For  this  purpose  on  your  Excellency's  appli 
cation  to  Congress,  I  cannot  doubt  they  will  immedi 
ately  make  the  necessary  arrangements. 

I  have  the  honor  to  be,  with  the   most   respect  and 
attachment,  &c. 

GEORGE  WASHINGTON. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  March  8th,  1780. 
Sir, 

I  have  just  received  from  Martinique,  a  letter  from 
M.  Gerard,  who  informs  me,  that  at  his  request  the 
commander  of  Martinique  has  procured  for  the  frigate 
Confederation,  belonging  to  Congress,  the  same  sources 
and  facilities  as  are  enjoyed  by  his  Majesty's  own 
vessels.  But  there  are  no  materials  for  masts,  and  as 
this  vessel  has  been  dismasted,  M.  Gerard  knows  no 
other  means  of  hastening  her  repairs,  than  that  of  send 
ing  masts  to  him  from  Boston,  or  any  other  part  of 
the  continent  where  Congress  can  procure  them.* 

I  have  the  honor  to  be,  &c.  LUZERNE. 

*  See  further  particulars  on  this  subject  in  the   Correspondence  of 
John  Jay,  Vol.  VII.  pp.  171,  et  seqq. 


DIPLOMATIC  CORRESPONDENCE.  4QQ 

THE    KING    OF    PRANCE    TO    CONGRESS. 

Translation. 

To  our  Very  Dear  Great  Friends  and  Allies  the 
President  and  Members  of  the  Congress  of  the  United 
States  of  North  America. 

Very  Dear  Great  Friends  and  Allies, 
We  have  received  your  letter  of  the  22d  of  Novem 
ber  last,  which  you  directed  Dr  Franklin  to  deliver. 
We  have  seen  therein  with  pain  the  picture  of  the  dis 
tressed  state  of  your  finances,  and  have  been  so  affected, 
that  we  have  determined  to  assist  you  as  far  as  our 
own  wants  and  the  extraordinary  and  enormous  expen 
ses  of  the  present  war,  in  which  we  are  engaged  for 
your  defence,  will  permit.  The  Chevalier  de  la  Lu- 
zerne  is  enjoined  to  inform  you  more  particularly  of 
our  intentions.  And  we  are  persuaded,  that  the  details 
which  he  will  make  will  induce  you  to  exert  your 
utmost  efforts  to  second  ours,  and  will  more  and  more 
convince  you  how  sincerely  we  interest  ourselves  in 
the  cause  of  the  United  States  ;  and  that  we  employ  all 
the  means  in  our  power  to  make  it  triumphant.  You 
may  rely  on  our  perseverance  in  the  principles,  which 
have  hitherto  directed  our  conduct.  It  has  been  fully 
proved,  as  well  as  the  sincere  affection  we  entertain  for 
the  United  States  in  general,  and  for  each  in  particu 
lar.  We  pray  God  to  have  you,  very  dear  great 
Friends  and  Allies,  in  his  holy  protection. 

Written  at  Versailles,  the  10th  of  March,  1781. 
Your  good  Friend  and  Ally, 

LOUIS. 
VOL.  x.  52 


41.0  LUZERNE. 

GEORGE    WASHINGTON    TO    M.    DE    LA    LUZERNE. 

Morristown.  May  5th,  1780. 

Sir, 

Two  days  since  I  had  the  honor  of  receiving  your 
Excellency's  letter  of  the  29th  of  April. 

The  polite  terms  in  which  you  mention  the  attention, 
which  my  respectful  attachment  for  you  dictated  dur 
ing  your  stay  in  camp,  add  to  the  obligation  I  felt  for 
the  honor  of  your  visit.  I  was  happy  in  that  opportu 
nity  of  giving  you  a  new  proof  of  my  sentiments,  and  I 
entreat  you  to  afford  me  others  as  frequently  as  possi 
ble.  As  the  Minister  of  a  Prince,  to  whom  America 
owes  so  much,  you  have  every  title  to  my  respect ; 
and  permit  me  to  add,  your  personal  qualities  give  you 
a  claim,  which  my  heart  cheerfully  acknowledges,  to 
all  my  esteem  and  all  my  regard. 

I  beg  you  to  accept  my  thanks  for  your  intention  to 
represent  the  army  in  so  favorable  a  light,  as  will  re 
commend  it  to  the  approbation  of  his  Most  Christian 
Majesty  ;  an  honor  as  flattering  as  it  will  be  precious. 

It  would  be  a  want  of  gratitude  not  to  be  convinced 
of  the  intimate  concern  he  takes  in  our  affairs,  after  the 
repeated  and  decided  proofs  he  has  given. 

I  have  the  honor  to  be,  with  the  highest  consider 
ation,  &c. 

GEORGE  WASHINGTON. 

9  o'clock,  A.  M. 

P.  S.  I  have  this  instant  received  a  letter  from  my 
much  esteemed  and  amiable  friend,  the  Marquis  de  La 
fayette,  dated  in  Boston  harbor,  the  29th  of  last  month. 
In  the  course  of  a  day  or  two  I  shall  expect  to  see  him. 


DIPLOMATIC  CORRESPONDENCE. 


GEORGE    WASHINGTON    TO    M.    DE    LA    LUZERNE. 

Morristown,  May  llth,  1780. 
Sir, 

The  attentions  and  honors  paid  to  M.  de  Miralles* 
after  his  death  were  a  tribute  due  to  his  character  and 
merit,  and  dictated  by  the  sincere  esteem,  which  I  al 
ways  felt  for  him. 

I  am  much  obliged  to  your  Excellency  for  your 
intention  of  sending  me  a  detail  of  the  land  and  sea 
forces  arrived  at  Martinique,  which  I  beg  leave  to  in 
form  you  was  forgotten  to  be  enclosed  in  your  letter. 

You  will  participate  in  the  joy  I  feel  at  the  arrival 
of  the  Marquis  de  Lafayette.  No  event  could  have 
given  me  greater  pleasure,  on  a  personal  account,  and 
motives  of  public  utility  conspire  to  make  it  agreeable. 
He  will  shortly  have  the  honor  to  wait  upon  your 
Excellency,  and  impart  matters  of  the  greatest  moment 
to  these  States.  He  announces  a  fresh  and  striking 
instance  of  the  friendship  of  your  Court,  and  which 
cannot  fail  to  contribute  greatly  to  perpetuate  the 
gratitude  of  this  country. 

I  am  always  happy  to  repeat  to  you  the  sentiments 
of  respect  and  inviolable  attachment,  with  which  I 
have  the  honor  to  be,  &c. 

GEORGE  WASHINGTON. 

*  M.  de  Miralles,  Agent  for  the  Spanisli  Government  in  this  coun 
try,  died  in  General  Washington's  camp,  and  was  buried  with  mili 
tary  honors. 


412  LUZERNE. 

GEORGE    WASHINGTON    TO    M.    DE    LA    LUZERNE. 

Head  Quarters,  Morristown,  May  14th,  1780 
Sir, 

Since  my  last  I  have  had  the  honor  to  receive  the 
detail  of  his  Most  Christian  Majesty's  fleet  in  the  West 
Indies,  which  your  Excellency  has  had  the  goodness 
to  send  me.  I  congratulate  you  very  sincerely,  Sir,  on 
this  very  respectable  armament,  which  I  found  to  sur 
pass  my  expectation,  and  I  would  willingly  hope  that 
an  occasion  will  be  afforded  the  Count  de  Guichen  to 
strike  some  important  blow  with  it,  which  shall  ad 
vance  the  honor  and  interest  of  his  Majesty,  and  of 
course  the  interest  of  these  United  States. 
I  have  the  honor  to  be,  &LC. 

GEORGE  WASHINGTON. 


TO    THE    PRESIDENT    OP    CONGRESS. 

Translation. 

Philadelphia,  May  16th,  1780, 
Sir, 

The  undersigned,  Minister  Plenipotentiary  of  France, 
has  the  honor  of  informing  Congress,  that  the  King,  in  con 
sequence  of  his  affection  and  friendship  for  the  United 
States,  and  of  his  desire  to  put  an  end  by  effectual  meas 
ures  to  the  calamities  of  the  present  war,  has  resolved  to 
send  to  this  continent  a  reinforcement  of  troops,  intended 
to  act  against  the  common  enemy,  and  of  vessels,  which 
will  be  employed  in  assisting  the  operations  of  the  land 
troops.  As  soon  as  Congress  has  decided  on  the  plan  of 


DIPLOMATIC  CORRESPONDENCE. 


the  campaign,  the  Marquis  de  Lafayette  will  receive  all 
communications  on  this  subject  ;  and  will  on  his  part  make 
the  overtures,  which  shall  be  necessary  to  the  success  of 
the  operations.  But  as  despatch  and  secrecy  ought  to  be 
the  very  soul  of  these  operations,  and  as,  moreover,  Con 
gress  will  undoubtedly  find  it  indispensable  to  arrange 
them  in  concert  with  the  Commander  in  Chief,  the  Chev 
alier  de  la  Luzerne  requests  this  Assembly  to  consider, 
whether  the  course  most  proper  to  be  adopted  under  these 
circumstances  be  not  to  appoint,  without  the  least  delay, 
a  small  committee,  who  shall  repair  to  the  army,  furnished 
with  instructions,  and  there  fix  upon  measures,  which  shall 
be  carried  into  execution  immediately  on  the  arrival  of  the 
land  forces,  under  the  command  of  the  Count  de  Rocham- 
beau,  Lieutenant  General  of  the  armies  of  the  King,  and 
the  Chevalier  de  Ternay,  commander  of  the  squadron,  at 
whatever  part  of  the  continent  they  may  have  had  orders 
to  land. 

As  the  measures  to  be  taken,  in  relation  to  the  supply  of 
necessaries  and  provisions  to  the  auxiliary  troops,  will  re 
quire  the  concurrence  of  the  Legislatures  and  Governors 
of  the  several  States,  and  particularly  of  those  of  Rhode 
Island,  Connecticut,  New  York,  and  New  Jersey,  the  un 
dersigned  Minister  requests  Congress  to  authorise  the 
same  committee  to  render  their  assistance  to  the  measures, 
which  the  French  General,  or  the  Chevalier  de  la  Luzerne, 
or  the  Commissioners  authorised  by  them,  shall  be,  able  to 
take  with  the  different  Legislatures  ;  and  with  this  view, 
to  give  to  the  delegates,  who  shall  compose  it,  powers  as 
extensive  as  Congress  shall  deem  expedient. 

An  object,  which  next  to  that  just  mentioned,  requires 
all  the  attention  of  Congress,  is  the  information,  which  it 


414  LUZERNE. 

is  important  to  obtain  as  to  the  forces,  the  situation,  and 
the  resources  of  the  enemy,  in  all  the  posts  in  their  pos 
session  on  this  continent.  The  Chevalier  de  la  Luzerne 
is  consequently  desirous,  that  Congress  would  be  pleased 
to  appoint  a  committee  to  collect  immediately  all  the  in 
telligence,  details,  and  information,  which  may  exist  in 
their  deposits  and  archives,  relative  to  the  ports  of  North 
America,  now  held  by  the  English,  from  Halifax  to  St 
Augustine,  including  Canada,  to  the  depth  of  the  bays, 
creeks,  and  anchorages ;  to  the  forces  which  are  stationed 
there,  and  the  forts  and  fortresses,  which  have  been  erected 
there,  the  dispositions  and  number  of  the  inhabitants,  the 
resources  with  regard  to  provisions,  and  in  general,  all 
that  information,  which  may  promote  the  success  of  the 
operations.  It  is  equally  desirable,  that  this  committee 
should  have  authority  to  carry  on  a  correspondence,  as 
long  as  may  be  necessary,  in  the  different  parts  of  the 
continent,  whence  this  information  can  be  obtained,  in 
order  that  the  intelligence  being  always  fresh,  the  com 
manders  of  the  expeditions  may  be  able  to  establish  their 
plans  upon  sure  bases.  The  Minister  of  France  requests, 
that  the  committee  may  be  authorised  to  communicate  to 
him  this  various  information,  so  far  as  such  communication 
shall  not  be  inconvenient  to  Congress.  Whatever  prompt 
ness  these  measures  require,  the  Chevalier  de  la  Luzerne 
prays  Congress  not  to  take  them  into  consideration,  till 
after  the  subject  mentioned  at  the  beginning  of  this  Memo 
rial  has  been  definitively  settled. 

Dr  Franklin  has  undoubtedly  rendered  an  account  to 
Congress  of  the  measures,  which  he  has  taken  for  sending 
to  this  continent  arms,  stores,  and  clothing,  as  well  as  of 
the  means  of  facilitating  the  loan  of  three  millions  of  livres, 


DIPLOMATIC  CORRESPONDENCE. 


which  that  Minister  has  procured,  as  well  to  meet  this  ex 
pense,  as  to  give  effect  to  the  treaties  of  Congress  in  rela 
tion  to  it ;  and  the  Chevalier  de  la  Luzerne  will  not  go 
into  any  detail  on  this  subject. 

He  will  not  close  this  Memorial,  without  congratulating 
the  American  Senate  on  the  zeal  and  ardor,  which  are 
shown  on  every  side  to  render  the  ensuing  campaign  de 
cisive,  and  to  inflict  upon  the  common  enemy  blows,  which 
.shall  be  most  sensibly  felt,  to  expel  him  from  this  country 
without  the  possibility  of  return,  and  to  secure  forever  the 
liberty  of  the  Thirteen  States. 

Circumstances  have  never  been  more  favorable ;  the 
enemy,  hard  pressed  on  every  side,  is  not  in  a  state  to  op 
pose  an  effectual  resistance ;  the  American  forces  are 
about  to  become  more  respectable  than  they  have  ever 
been,  those  of  the  King  bring  with  them  to  this  country 
the  most  sincere  desire  to  second  the  brave  efforts  of  their 
allies,  and  the  two  nations  closely  united  for  the  purpose 
of  bringing  their  combined  enterprises  to  a  successful  issue, 
will  seek  only  to  distinguish  themselves  by  their  zeal,  and 
their  attachment  to  the  common  cause.* 

LUZERNE. 

TO    GEORGE    WASHINGTON. 

Translation. 

Philadelphia,  May  21st,  1780. 
Sir, 

You  will  be  informed  by  the  Marquis  de  Lafayette,  of 
the  measures  adopted  by  the  Congress  relative  to  the  ope- 

*  For  the  proceedings  of  Congress  on  the  subject  of  this  letter,  see 
the  Public  Journals,  under  the  date  of  May  19th,  1780. 


416  LUZERNE. 

rations  of  the  next  campaign.  1  will  not  enter  into  a  detail 
with  respect  to  them.  I  confine  myself  to  assure  your 
Excellency  of  the  eagerness  of  my  countrymen  to  share  in 
your  success,  of  the  zeal  which  animates  them  for  the 
cause  which  you  so  gloriously  defend,  and  of  the  desire  I 
have  to  receive  your  advice  and  orders  in  everything  in 
which  you  shall  believe,  that  I  may  contribate  to  the  suc 
cess  of  the  combined  operations. 

I  have  the  honor  to  be,  &c. 

LUZERNE. 


REPORT   OF  A  COMMITTEE   OF   CONGRESS  ON  A  CON 
FERENCE  WITH  THE  FRENCH  MINISTER. 

In  Congress,  May  24th,  1780. 

The  committee  appointed  to  confer  with  the  Minister 
of  France  on  the  subject  of  supplies  and  other  matters 
mentioned  in  this  appointment,  report  as  follows. 

That  in  their  first  conference  with  the  Minister,  he  men 
tioned  his  solicitude  to  procure,  the  necessary  provisions 
for  the  fleet  and  army  of  his  Most  Christian  Majesty  ;  that 
he  wished  to  render  every  step  he  should  take  on  this  sub 
ject  conformable  to  the  designs  of  Congress,  and  condu 
cive  to  the  support  of  the  combined  forces ;  that  he  would 
therefore  lay  before  the  committee  the  measures,  that  he 
had  already  entered  into,  and  was  desirous  to  agree  upon 
any  plan  for  our  mutual  benefit,  which  we  should  think  it 
proper  to  adopt. 

That  previous  to  our  appointment,  the  moments  being 
precious,  he  had  despatched  an  agent  to  consult  the  Com 
mander  in  Chief  and  General  Greene  on  the  subject  of  sup 
plies,  and  would  inform  us  of  their  sentiments  at  his  return ; 


DIPLOMATIC  CORRESPONDENCE.  417 

that  lest  his  purchases  might  interfere  with  those,  which 
the  States  should  make  on  account  of  the  continent,  he  had 
thought  it  most  advisable  to  let  the  whole  business  pass 
through  their  hands,  and  had  accordingly  written  to  Gov 
ernor  Trumbull  for  a  limited  supply  of  beef,  pork,  and 
mutton,  leaving  it  to  his  option,  either  to  be  paid  in  bills 
upon  France,  specie,  or  continental  bills  of  credit. 

The  committee  have  stated  this  information,  that  Con 
gress  may,  if  they  should  find  it  necessary,  give  them  their 
directions  before  they  digest  any  plan  with  the  Minister  of 
France  on  the  return  of  his  agent. 

The  committee  conceive  the  establishment  of  posts  and 
expresses,  who  shall  bring  the  earliest  intelligence  of  the 
arrival  of  the  fleet  of  our  ally,  and  the  motions  of  the  en 
emy,  as  so  necessary  to  the  right  application  of  our  force, 
that  they  submit  the  following  resolution. 

Resolved,  that  the  Committee  of  Intelligence  be  direct 
ed  to  establish  regular  posts  to  and  from  the  different  parts 
of  the  sea  coasts  of  this  continent,  from  Charleston  to  Bos 
ton,  in  such  manner  as  will  most  effectually  procure  infor 
mation  of  the  approach  of  the  fleet  of  our  ally,  and  the 
movements  of  the  enemy  in  consequence  thereof. 

The  .committee  are  further  of  opinion,  from  the  repre 
sentations  of  the  Minister  of  France,  that  every  means 
should  be  used  to  add  to  the  strength  of  the  fleet  of  our 
ally  on  their  arrival,  particularly  by  completing  the  ship 
America,  since  it  is  highly  probable,  that  the  naval  force, 
which  the  enemy  may  send  to  this  coast,  in  order  to  frus 
trate  the  friendly  endeavors  of  our  ally  in  our  behalf,  will 
be  adapted  to  that  of  France,  without  taking  into  the  cal 
culation  any  addition  which  it  may  receive  here.  They 
therefore  submit  the  following  resolutions. 
VOL.  x.  53 


418  LUZERNE. 

Resolved,  that  the  Board  of  Admiralty  be  directed  to 
fit  for  sea,  with  the  utmost  expedition,  the  several  ships  of 
war  and  frigates  now  in  port. 

Resolved,  that  it  be  earnestly  recommended  to  the  re 
spective  States  within  whose  ports  any  of  the  said  ships  or 
frigates  may  be,  to  afford  every  assistance  to  the  Board  of 
Admiralty  on  this  application  for  artificers,  laborers,  and 
materials,  for  preparing  the  same  for  sea,  and  for  com 
pleting  this  compliment  of  men. 

Resolved,  that  Congress  will  defray  every  necessary 
expense,  which  any  State  shall  incur  in  consequence  of 
the  above  resolution. 

Resolved,  that  the  Board  of  Admiralty  be  empowered, 
if  they  shall  think  it  advisable  to  dispose  of  the  Saratoga, 
to  apply  the  proceeds  thereof  to  complete  the  America,  or 
any  of  the  frigates,  which  may  by  that  means  be  shortly 
fitted  for  sea. 

And  whereas  it  is  proper  to  make  provision  for  repair 
ing  any  damage,  which  the  fleets  of  our  ally  may  sustain 
by  storms  or  otherwise, 

Resolved,  that  the  Board  of  Admiralty  be  directed  to 
cause  as  many  masts,  yards,  and  spars,  as  they  shall  deem 
necessary  for  the  above  purposes  to  be  procured. 

Resolved,  that  they  may  be  also  directed  to  settle  sig 
nals  with  the  commanding  officers  of  any  ship  or  ships  of 
our  ally,  which  may  now  or  shall  hereafter  be  upon  the 
coasts  of  the  United  States. 

And  for  the  promoting  of  harmony  and  forwarding  the 
common  views  of  France  and  America,  it  was  further 
agreed  between  the  Minister  of  France  and  your  commit 
tee,  that  they  should  suggest  to  Congress  the  propriety  of 
adopting  measures  to  prevent  desertion  from  the  fleet  and 


DIPLOMATIC  CORRESPONDENCE.  419 

army  of  our  allies,  in  which  view  they  submit  the  following 
resolution. 

Resolved,  that  it  be  recommended  lo  the  legislation  of 
these  United  States,  to  pass  laws  for  the  punishment  of 
such  persons  as  shall  encourage  desertions  from  the  fleets 
or  armies  of  any  foreign  power,  who  shall  prosecute  the 
war  in  America  in  conjunction  with  these  United  States, 
and  for  the  recovering  such  deserters  as  shall  endeavor 
to  conceal  themselves  among  the  inhabitants  thereof. 

ROBERT  R.  LIVINGSTON,     Chairman, 


GEORGE  WASHINGTON  TO  M.  DE  LA  LUZERNE. 

Morristown,  June  5th,  1780. 
Sir, 

My  lime  has  been  so  entirely  engrossed  in  the  prelimi 
nary  arrangements  of  immediate  necessity  towards  the  in 
tended  co-operation,  that  I  have  not  been  able  till  now  to 
do  myself  the  honor  to  thank  your  Excellency  for  your 
letter  of  the  21st  of  May.  We  have  too  many  proofs  of 
the  general  zeal  of  your  countrymen  in  the  cause  of  Amer 
ica,  not  to  be  entirely  convinced  of  it,  and  to  feel  all  that 
the  most  grateful  sensibility  can  inspire. 

I  am  happy  in  believing,  that  the  troops  and  citizens  of 
these  States  will  eagerly  embrace  every  opportunity  to 
manifest  their  affection  to  the  troops  and  citizens  of  your 
nation,  as  well  as  their  gratitude  and  veneration  to  a  Prince, 
from  whom  they  have  received  the  most  important  bene 
fits.  Penetrated  with  a  sense  of  these,  I  shall  think  it  my 
duty  to  cultivate  correspondent  sentiments,  as  far  as  rny 
influence  extends. 

The  Marquis  de  Lafayette  has  given  me  an  account  of 


420  LUZERNE. 

all  your  Excellency  has  done  for  the  advancement  of  the 
combined  operations.  It  will  no  doubt  contribute  essen 
tially  to  their  success,  and  gives  you  a  claim  to  the  ac 
knowledgments  of  the  two  countries. 

I  am  too  sensible  of  the  value  of  the  permission  you 
gave  me  to  solicit  your  aid  in  everything,  in  which  you 
can  continue  to  afford  us  your  good  offices,  not  to  make 
use  of  it  as  frequently  as  possible.  I  begin  by  entreating 
you  to  favor  me  with  your  advice  with  the  greatest  free 
dom,  on  whatever  occurs  to  you  interesting  to  our  affairs 
at  this  period. 

I  have  the  honor  to  be,  &c. 

GEORGE  WASHINGTON. 


REPORT    OF    A    COMMITTEE    OF     CONGRESS     RESPECTING; 
COMMUNICATIONS    FROM    THE    FRENCH    MINISTER. 

In  Congress,  June  5th,  1780. 

The  committee  appointed  to  receive  the  communi 
cations  of  his  Excellency,  the  Minister  of  France,  re 
lating  to  supplies  for  the  forces  of  his  Most  Christian 
Majesty,  and  on  other  matters,  beg  leave  to  report,  that 
in  a  conference  had  on  the  3d  of  the  present  month, 
the  Minister  was  pleased  to  make  the  following  com 
munications,  viz. 

That  M.  de  Corney,  Commissary  of  the  troops  of 
his  Most  Christian  Majesty,  had  orders  to  purchase  a 
number  of  horses,  and  to  purchase  or  hire  a  number  of 
teams  in  the  States  where  they  could  be  most  conven 
iently  procured,  for  the  use  of  the  forces  of  his 
Most  Christian  Majesty,  that  should  arrive  to  co-operate 
with  the  forces  of  these  United  States. 


DIPLOMATIC  CORRESPONDENCE.  421 

That  M.  de  Corney  had  also  orders  to  endeavor  to 
procure  in  the  several  States,  where  it  should  be  found 
most  convenient,  provisions  for  the  forces  above  men 
tioned,  in  such  manner  as  should  least  interfere  with 
the  purchaser  of  the  States  or  agents  of  Congress,  and 
as  should  be  best  adapted  to  support  and  establish  the 
credit  of  the  paper  currency.  That  M.  de  Corney 
would  apply  to  the  supreme  executive  powers  of  the 
several  States,  in  which  the  purchases  were  to  be  made, 
for  their  advice  and  aid  in  the  matter. 

To  obtain  which,  the  Minister  wished  for  the  appro 
bation  of  Congress,  and  that  if  they  should  think  fit, 
letters  might  be  written  by  the  President  to  the  su 
preme  executive  powers  of  the  several  States,  request 
ing  their  advice  and  aid  to  M.  de  Corney  in  procuring 
those  supplies. 

That  M.  de  Corney  had  received  £7000  of  the  bills 
lately  emitted  by  the  State  of  Pennsylvania,  to  use  for 
the  purposes  above  mentioned,  and  would  in  his  nego 
tiations  avail  himself  of  all  opportunities  for  contribut 
ing  to  the  utmost  of  his  power  for  establishing  the 
currency  of  the  public  bills  of  credit. 

That  it  would  be  necessary  to  give  the  said  forces  of 
his  Most  Christian  Majesty  the  option  of  receiving 
their  pay  in  specie,  from  their  unacquaintedness  with 
paper  money  in  general,  and  ignorance  of  the  language 
in  which  the  bills  of  these  United  States  are  struck. 

Which  circumstance  the  Minister  thought  proper  to 
suggest,  that  Congress  might  take  any  measures  they 
should  judge  necessary  to  prevent  uneasiness  arising 
therefrom  to  the  troops  of  these  United  States,  who 
might  receive  their  pay  in  a  different  manner. 


422  LUZERNE. 

That  to  prevent  loss  happening  to  any  of  the  citi 
zens  of  these  United  States,  from  receiving  from  the 
troops  of  his  Most  Christian  Majesty  any  small  coins 
they  may  be  possessed  of  that  shall  be  below  the 
standard  alloy,  the  same  will  be  exchanged  for  other 
coins  by  persons  that  shall  receive  orders  therefor. 

The  Minister  desired  to  be  informed  of  the  mode  of 
intelligence  Congress  would  rely  on  to  give  them  im 
mediate  notice  of  the  arrival  of  the  forces  from  France, 
and  for  keeping  up  a  constant  communication  after 
their  arrival,  and  again  repeated  his  wishes  that  nothing 
might  be  left  unprovided  for,  that  could  promise 
despatch  to  their  operations  and  render  them  most  ex 
tensively  useful  to  these  United  States. 

The  Minister  also  wished  to  recommend  to  the  con 
sideration  of  Congress  M.  Louis  JEthis  de  Corney, 
Provincial  Commissary  of  the  troops  in  the  service  of 
his  Most  Christian  Majesty,  for  the  honor  of  a  brevet 
commission  of  Lieutenant  Colonel,  which  title  his  of 
fice  had  given  him  in  the  French  service.  M.  de 
Corney  desired  not  command  or  pay,  but  was  ambi 
tious  to  deserve  a  mark  of  honor  from  these  United 
States,  from  which  benefits  might  result  to  him  here 
after. 

Upon  the  foregoing  information  your  committee  beg 
leave  to  submit  to  the  consideration  of  Congress  the 
following  resolutions, 

That  a  brevet  commission  of  Lieutenant  Colonel  be 
granted  to  M.  Louis  Ethis  de  Corney. 

That  M.  de  Corney  be  furnished  with  letters  from 
the  President  to  the  supreme  executive  powers  of  the 


DIPLOMATIC  CORRESPONDENCE.  433 

several  States,  or  to  such  of  them  as  M.  de  Corney 
shall  apply  for,  requesting  their  advice  and  aid  to  him 
in  procuring  provisions  and  other  necessaries  for  the 
forces  of  his  Most  Christian  Majesty  expected  to  arrive 
in  these  United  States,  in  such  manner  as  will  best 
avoid  a  competition  of  purchases  for  the  use  above 
mentioned,  and  those  for  the  use  of  the  troops  of  these 
United  States. 

That  the  Minister  of  France  be  informed,  that  it  is 
the  opinion  of  Congress,  that  the  public  service  will 
be  best  promoted  by  having  the  same  currency  made 
use  of,  so  far  as  may  be,  to  procure  supplies  for  the 
forces  of  his  Most  Christian  Majesty  as  for  those  of 
these  United  States. 

That  the  Governors  of  the  States  of  Virginia  and 
Maryland  be  requested  immediately  to  engage  trusty 
persons  in  those  States  respectively,  at  proper  dis 
tances  from  each  other,  on  the  main  road  from  Cape 
Henry  in  Virginia  to  Philadelphia,  to  hold  themselves 
in  readiness,  should  the  French  fleet  be  discovered  off 
that  Cape  or  the  adjacent  coast,  to  forward  intelligence 
thereof,  and  any  despatches  that  may  be  received  from 
them  to  Congress,  in  the  most  expeditious  manner. 


REPORT    OF    A    COMMITTEE     OF     CONGRESS    RESPECTING    A 
CONFERENCE    WITH    THE    FRENCH    MINISTER. 

In  Congress,  June  7th,  1780. 

The  committee  appointed  to  confer  with  the  Minister  of 
France  on  the  mode  of  obtaining  supplies  for  the  forces  of 
his  Most  Christian  Majesty,  and  on  other  matters,  re 
port  ; 


424  LUZERNE. 

That  the  Minister  of  France  has  communicated  to  your 
committee,  that  as  M.  de  Corney,  Commissary  of  the  troops 
of  his  Most  Christian  Majesty,  will  go  into  the  State  of 
Connecticut  to  procure  some  supplies,  it  would  be  con 
venient  for  him  to  receive  there  an  advance  of  money 
from  these  United  States,  either  in  Continental  bills  or  the 
bills  of 'that  State,  to  be  replaced  in  specie  on  the  arrival 
of  the  fleet  from  France,  and  the  Minister  engages  that 
the  moneys,  which  shall  be  so  advanced  by  these  United 
States  to  M.  de  Corney,  shall  be  replaced  in  specie  as 
above  mentioned. 

Upon  which  communication  your  committee  beg  leave 
to  submit  to  the  consideration  of  Congress  the  following 
resolution,  viz. 

That  the  Governor  of  the  State  of  Connecticut  be,  and 
he  hereby  is,  authorised  to  receive  on  account  of  these 
United  States,  out  of  the  moneys  raised  by  that  State  more 
than  sufficient  to  discharge  the  drafts  heretofore  made  by 
Congress,  and  to  comply  with  the  requisition  of  Congress 
of  the  20th  of  last  month,  or  out  of  the  bills  that  shall  be 
completed  and  lodged  in  the  Continental  Loan  Office  in 
that  State  for  the  use  of  the  United  States,  pursuant  to  a 
resolution  of  Congress  of  the  18th  of  March  last,  one 
million  two  hundred  thousand  dollars  of  the  bills  now  in 
circulation,  or  thirty  thousand  dollars  of  the  bills  last  men 
tioned,  or  a  proportion  of  each,  on  the  application  of  M. 
de  Corney,  Commissary  of  the  troops  in  the  service  of  his 
Most  Christian  Majesty,  and  advance  the  same  to  him, 
taking  his  receipt  therefor,  to  replace  the  same  in  specie  in 
the  Treasury  of  these  United  States  when  required  by 
Congress ;  said  receipts  to  be  transmitted  to  the  Treasury 
Board  as  soon  as  may  be. 


DIPLOMATIC  CORRESPONDENCE.  435 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  June  18th,  1780. 
Sir, 

The  undersigned  Minister  of  France  has  witnessed  the 
efforts  of  Congress  to  enable  the  Commander  in  Chief  to 
make  a  glorious  commencement  of  the  campaign ;  he  is 
convinced  of  the  zeal  with  which  all  its  members  are  ani 
mated,  and  if  the  arrny  has  not  hitherto  received  any  of 
the  reinforcements  announced  in  January  last,  he  is  per 
suaded  that  Congress  deeply  lament  those  delays,  and  are 
sincerely  desirous  to  prevent  the  fatal  consequences,  which 
might  result  from  them.  The  undersigned  has,  since  the 
beginning  of  this  year,  continued  to  make  the  most  press 
ing  representations  on  this  subject,  and  all  the  answers 
that  he  has  received  tend  to  assure  him  that  the  ar 
rangements,  which  were  announced,  would  be  carried  into 
full  execution  at  the  beginning  of  this  month.  Now  that 
the  time  fixed  for  putting  the  army  on  a  respectable  foot 
ing  has  passed  by,  and  it  is  but  too  certain,  that  the  rein 
forcements  demanded  four  or  five  months  ago  have  not  yet 
arrived,  he  earnestly  entreats  Congress  to  be  pleased  to 
pay  immediate  attention  to  the  supply  of  these  troops,  and 
to  the  fulfilment  of  their  promises. 

The  King,  after  the  positive  assurances,  which  he  has 
received,  has  not  the  least  doubt,  that  the  Jlmerican  army 
is  now  twentyfive  thousand  strong,  not  including  commis 
sioned  officers,  and  that  it  is,  at  this  moment,  in  a  con 
dition  to  undertake  the  most  vigorous  offensive  operations 
against  the  enemy  in  the  posts,  which  he  occupies  within  the 
VOL.  x.  54 


426  LUZERNE. 

territory  of  the  United  States.  Congress,  while  giving 
these  assurances,  expressed  in  an  urgent  manner  the  wish, 
that  a  French  squadron  should  facilitate  the  operations  of 
the  land  troops.  The  King  has  been  eager  to  comply 
with  the  requests  of  the  Thirteen  States.  Their  assur 
ances  are  the  basis  of  the  measures  which  his  Majesty 
has  taken.  A  squadron  is  on  the  point  of  arrival,  and  the 
French  Generals  expect  to  find  forces,  respectable  in 
numbers,  ready  to  enter  upon  action.  If,  at  the  moment 
of  their  arrival,  they  are  deprived  of  the  co-operation,  upon 
which  they  have  reason  to  rely,  the  most  precious  time  for 
action  will  be  lost ;  the  enemy  will  have  time  to  take  the 
necessary  measures  for  defence,  and,  perhaps,  to  receive 
reinforcements ;  the  soldiers'  ardor  will  be  quenched  in 
inaction,  and  this  delay  will  cause  the  loss  of  all  the  advan 
tages  of  a  campaign,  which,  if  conducted  with  suitable 
promptness  and  activity,  might  have  been  made  most  useful 
to  the  common  cause,  and  perhaps  decisive. 

It  being  manifestly  necessary  to  complete  the  army,  the 
undersigned  has  no  doubt  that  Congress,  as  well  from  re 
gard  to  the  public  interest,  as  to  its  own  glory  and  the  per 
formance  of  its  promises,  will  immediately  take,  for  the 
accomplishment  of  this  object,  measures  more  effectual 
than  those  which  have  hitherto  been  taken.  He  hopes 
also,  that  the  proper  arrangements  will  be  made  for  con 
stantly  maintaining,  during  the  whole  campaign,  the  num 
ber  which  has  been  announced,  and  he  takes  the  liberty  of 
recommending  this  important  object  in  an  equal  degree  to 
the  consideration  of  Congress. 

The  Minister  of  France,  convinced  of  the  zeal  for  the 
public  good,  which  inspires  this  Assembly,  as  well  as  of  its 
wisdom  and  prudence,  hopes  that  it  will  see  in  his  repre- 


DIPLOMATIC  CORRESPONDENCE.  437 

sentations  only  a  new  proof  of  his  attachment  to  the 
common  cause  ;  that  it  will  not  be  offended  at  the  freedom, 
with  which  he  expresses  himself  upon  so  important  a  sub 
ject,  and  that  it  will  be  pleased  to  put  him  in  a  situation 
to  transmit  to  his  Court  satisfactory  details  respecting  the 
fulfilment  of  the  assurances  made  to  him  by  Congress  in 
January  last.* 

LUZERNE. 


TO  THE  PRESIDENT  OF  CONGRESS. 

Translation. 

Philadelphia,  June  28th,  1780. 
Sir, 

The  Minister  Plenipotentiary  of  France  has  the  honor 
of  informing  Congress,  that  the  Court  of  Madrid  has  sent 
to  Havana  land  and  naval  forces  sufficient  to  make  a 
powerful  diversion  there.  The  Governor  of  Havana, 
having  been  informed  of  the  assurances  given  by  this  As 
sembly  on  the  16th  of  December  last,  respecting  the  pro 
visions  of  which  the  islands  and  the  fleet  of  his  Catholic 
Majesty  might  stand  in  need,  is  desirous  that  such  quanti 
ties  of  corn  as  shall  not  be  necessary  for  the  subsistence  of 
the  armies  destined  to  act  upon  this  continent,  may  be  suc 
cessively  sent  to  him.  It  is  desirable,  that  the  quantity 
now  about  to  be  sent  should  amount  to  three  thousand 
barrels,  and,  with  the  approbation  of  Congress,  the  under 
signed  will  give  immediate  orders  to  some  merchants  of 
this  city  to  make  purchases  in  the  Slates  in  such  manner 
as  Congress  shall  think  proper. 

*  See  the  proceedings  of  Congress  on  the  subject  of  this  letter  in 
ihe  Public  Journal  of  Congress,  under  the  date  of  June  21st,  1780. 


428  LUZERNE. 

The  Governor  of  Havana  is  also  desirous  of  being  sup 
plied  with  beef,  and  pork,  suet,  lard,  and  vegetables,  and 
with  large  and  even  small  live  cattle.  The  Minister  of 
France  entreats  Congress  to  be  pleased  to  enable  him  to 
send  to  Havana  a  favorable  answer  to  these  different  de 
mands,  and  he  will  take  pleasure  in  transmitting  to  the 
Court  of  Madrid  the  intelligence  of  the  facilities  for  sup 
plies  of  provision,  which  the  Spanish  Colonies  shall  have 
enjoyed  throughout  the  Thirteen  States. 

LUZERNE. 


CONGRESS    TO    THE    MINISTER    OF    FRANCE. 

In  Congress,  July  7th,  1780. 

The  Minister  of  France  having,  in  a  note  dated  the 
28th  of  June,  informed  Congress  that  the  Court  of  Madrid 
has  sent  to  the  Havana  a  considerable  body  of  forces  to 
make  a  diversion  in  that  quarter ;  and  that  the  Governor 
of  Havana  desires,  that  as  much  flour  and  fresh  provisions, 
such  as  cattle,  hogs,  suet,  lard,  and  pulse,  as  can  be 
spared,  should  be  sent  thither  ;  and  the  Minister  having  in 
timated,  that  three  thousand  barrels  of  flour  are  immedi 
ately  wauted,  and  that  he  will  undertake  to  have  that 
quantity  purchased  and  sent,  if  Congress  approve  the 
measure,  the  following  answer  was  returned  ; 

That  the  Minister  of  France  be  informed,  that  through 
the  loss  of  Charleston,  the  numerous  army  the  States  are 
under  the  necessity  of  maintaining  in  the  Southern  depart 
ment,  the  ravages  of  the  enemy,  and  the  lightness  of  the 
crops  in  the  Middle  States,  as  well  as  the  present  extraor 
dinary  demand  for  the  purposes  of  an  effectual  co-operation 
with  the  expected  armament  of  his  Most  Christian  Maj- 


DIPLOMATIC  CORRESPONDENCE.  429 

esty,  have  not  left  these  States  in  a  situation  to  admit  of 
any  considerable  export  of  provisions ;  yet  Congress,  de 
sirous  to  testify  their  attention  to  the  necessities  of  his 
Catholic  Majesty's  Colonies  and  armaments,  and  as  far  as 
lies  in  their  power  to  compensate  for  the  failure  of  sup 
plies  of  rice,  which  an  alteration  in  the  circumstances  of 
the  Southern  States  has  unhappily  rendered  it  impracti 
cable  to  afford,  have  resolved,  that  it  be  recommended  to 
the  State  of  Maryland  to  grant  permission  to  such  agent,  as 
the  Minister  of  France  shall  appoint,  to  purchase  within 
that  State  any  quantity  of  flour,  not  exceeding  three  thou 
sand  barrels,  and  to  ship  the  same  to  such  Colonies  of  his 
Catholic  Majesty  in  the  West  Indies,  as  the  Minister  of 
France  may  direct.  That  many  of  the  articles  mentioned 
io  the  Memorial  of  the  Minister  being  such  as  the  Colonies 
of  his  Catholic  Majesty  furnish  upon  better  terms  than 
they  can  be  procured  from  these  States  in  their  present 
situation,  it  is  to  be  presumed  they  will  feel  no  inconven 
ience  from  Congress'  not  entering  at  this  time  into  any 
determination  thereon. 

Resolved,  That  Congress  will  from  time  to  time  afford 
such  supplies  to  the  Colonies  of  his  Catholic  Majesty,  as 
their  circumstances  may  require,  and  the  situation  of  these 
States  enable  them  to  grant. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  July  22d,  1780. 

Sir, 

I  take  the  earliest  opportunity  to  inform  you,  that  his 
Majesty's  Minister,  in  giving  me  notice  of  the  expedition 


430  LUZERNE. 

f 

of  the  squadron,  which  arrived  at  Rhode  Island  on  the 
12th  instant,  informs  me,  that  particular  considerations 
relative  to  the  movements  of  the  English,  have  induced 
his  Majesty  to  send,  in  two  divisions,  the  forces  which  are 
designated  to  act  in  this  country.  The  first  division,  having 
happily  arrived,  will  be  immediately  ready  for  active 
service.  With  regard  to  the  second,  it  was  to  quit  the 
French  coast  as  soon  as  circumstances  should  permit. 
Will  you  have  the  kindness,  Sir,  in  imparting  this  news  to 
Congress,  to  inform  that  body,  that  it  ought  to  be  kept 
secret  till  the  moment  of  execution.  I  hope  that  Congress 
will  approve  of  this  reserve,  both  on  account  of  the  uncer 
tainty  of  events  at  sea,  and  because  the  enemy  should 
be  kept  in  ignorance  of  our  measures. 
I  have  the  honor  to  be,  &x. 

LUZERNE. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  July  25th,  1780 
Sir, 

As  the  present  state  of  things  may  render  the  frigates, 
and  other  vessels  at  the  disposal  of  Congress,  useful  to  the 
combined  n-aval  operations,  I  pray  you  to  have  the  good 
ness  to  propose  putting  these  vessels  under  the  orders  of 
M.  de  Ternay,  commander  of  the  French  squadron,  while 
instructions,  such  as  shall  be  thought  proper,  are  given  to 
the  American  captains.  If  Congress  approves  of  this 
proposition,  it  will  be  necessary  to  send  orders  to  the 
frigates,  which  are  now  in  the  eastern  ports,  so  that  they 
may  join  the  French  squadron  as  soon  as  possible ;  if, 


DIPLOMATIC  CORRESPONDENCE.  43! 

however,  they  have  been  destined  to  any  other  service, 
and  Congress  is  reluctant  to  change  their  destination,  do 
not,  I  pray  you,  Sir,  insist  on  my  demand.  If  these 
vessels  shall  receive  orders  to  join  the  French  squadron,  I 
wish  to  have  it  in  my  power  to  inform  M.  de  Ternay  at 
what  time  he  may  look  for  them,  what  signals  they  will 
make  on  their  approach,  and  what  signals  he  shall  use  in 
reply  to  theirs. 

I  had  hoped,  Sir,  after  the  assurances,  which  Congress 
was  pleased  to  give  me,  that  the  Confederacy  would  be 
ready  about  the  15th  of  this  month,  at  farthest.  Will  you 
have  the  kindness  to  let  me  know,  with  as  much  accuracy 
as  circumstances  will  permit,  about  what  time  you  think 
that  she  will  be  ready  to  set  sail.* 
[  have  the  honor  to  be,  &c. 

LUZERNE. 


JOSEPH    REED    TO    M.    DE    LA    LUZERNE. 

In  Council,  Philadelphia,  July  25th,  1780. 
Sir, 

In  answer  to  your  Excellency's  favor  of  this  day,  I  have 
the  honor  to  acquaint  you,  that  the  enlisting  any  deserter 
in  the  Continental  army  being  expressly  contrary  to  the 
direction  of  the  Commander  in  Chief,  the  Hessian  de 
serters  are  quite  at  liberty  to  enter  into  the  service  of  his 

*  In  Congress,  July  27th.— "Resolved,  That  the  frigates  Trumbull, 
Confederacy,  and  Deane,  and  the  sloop  of  war  Saratoga,  be  put 
under  the  direction  of  General  Washington,  to  be  employed  in  co 
operating  with  the  fleet  of  his  Most  Christian  Majesty,  commanded 
by  the  Chevalier  de  Ternay,  in  any  naval  enterprise  on  the  coasts  of 
North  America." 


432  LUZERNE. 

Most  Christian  Majesty,  if  his  officers  approve  it,  and  they 
will  in  that  case  receive  every  encouragement  from  us  so 
to  do. 

I  have  the  honor  to  be,  &tc. 

JOSEPH  REED,  President  of  Pennsylvania. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  July  26th,  1780. 
Sir, 

Some  Hessian  deserters  having  come  to  me  to  obtain 
service  in  the  body  of  French  troops  sent  by  the  King 
to  this  continent,  I  have  thought  proper,  before  ac 
cepting  their  offers,  to  know  the  opinion  of  the  State 
of  Pennsylvania  on  this  subject ;  and  President  Reed, 
whom  I  consulted,  returned  for  answer  the  letter  of 
which  I  annex  a  copy.  Particular  arrangements,  rela 
tive  to  the  subsistence  of  these  new  recruits,  will  make 
it  necessary  for  me  to  have  recourse  to  the  Board  of 
War;  and  I  request,  Sir,  that  Congress  would  be 
pleased  to  authorise  the  members  composing  it  to  agree 
with  me  on  such  measures  as  circumstances  shall  ren 
der  necessary.* 

I  have  the  honor  to  be,  &c. 

LUZERNE. 

Jn  Congress,  Julytftst,  3780. — "On  a  report  from  the  Board  of  War, 
to  whom  the  Minister's  letter  of  the  26th  was  referred, 

"  Resolved,  That,  agreeably  to  the  request  of  the  Honorable  the 
Minister  of  France,  the  Board  of  War  be  authorised  to  take  such 
measures  relating  to  the  subsistence  of  the  recruits,  who  shall  be  en 
listed  into  the  service  of  his  Most  Christian  Majesty  out  of  the  Ger 
man  deserters  from  the  enemy,  as  the  said  Board  shall  deem  proper  ' 


DIPLOMATIC  CORRESPONDENCE.  433 

GEORGE    WASHINGTON    TO    M.    DE    LA    LUZERNE. 
Head  Quarters,  July  27th,  1780. 

Sir, 

I  have  the  honor  to  enclose  to  your  Excellency  a  let 
ter,  which  has  just  come  to  hand,  from  the  Count  de 
Rochambeau,  of  the  22d  instant.  It  is  certainly  of 
great  importance,  that  the  precaution  he  mentions 
should  be  taken  without  loss  of  time.  I  should  think 
the  Delaware  the  best  place  for  the  reception  of  the 
second  division,  though  there  ought  to  be  cruisers  off 
both  bays.  It  is  necessary  that  a  plan  should  be  pre 
viously  fixed  for  the  junction  of  the  fleets  after  the 
debarkation.  I  shall  immediately  write  to  the  Count 
for  this  purpose. 

We  have  repeated  accounts  from  New  York,  that 
General  Clinton  is  making  a  large  detachment  for  a 
combined  attack  upon  the  French  fleet  and  army.  This 
will  be  a  hazardous  attempt,  and,  therefore,  though  I 
do  not  regard  it  as  impossible,  I  do  not  give  it  entire 
faith.  The  Count  de  Rochambeau  has  been  some  time 
since  apprized  of  these  demonstrations,  and  seems  to 
have  been  preparing  for  what  might  happen. 

I  have  the  honor  to  be,  with  every  sentiment!  of 
respect  and  attachment,  &c. 

GEORGE  WASHINGTON, 

VOL,  x,  55 


434  LUZERNE. 


TO    GEORGE    WASHINGTON. 

Translation. 

Philadelphia,  July  30th,  1780. 
Sir, 

I  enclose  to  your  Excellency  a  letter  for  M.  de 
Ternay,  in  which  you  will  see  what  measures  I  have 
taken  to  fulfil  the  intentions,  which  you  imparted  to 
me  on  the  27th  instant.  I  beg  you  will  seal  this  packet 
and  send  it  to  his  address  by  the  first  opportunity. 

Congress  have  put  under  your  orders  the  frigates,  in 
directing  them  to  come  into  the  Delaware.  You  will 
be  able  to  judge,  after  your  arrangements  with  the 
Chevalier  de  Ternay,  whether  these  vessels,  or  one  of 
them,  may  not  accomplish  the  commission  desired. 
Their  cruise  may  then  be  useful  to  the  commerce  of 
the  United  States.  I  know  not  whether  M.  de  Ter 
nay  will  communicate  to  them  any  signals,  by  means 
of  which  they  may  approach  the  coast  without  danger. 
Your  Excellency  may  be  able,  should  you  think  it 
necessary,  to  suggest  it  to  him. 
I  have  the  honor  to  be,  &c. 

LUZERNE. 

GEORGE  WASHINGTON  TO  M.  DE  LA  LUZERNE. 

Peekskili,  August  4th,  1780. 
Sir, 

Colonel  Jamet  arrived  here  last  night,  by  whom  I 
had  the  honor  to  receive  your  Excellency's  request, 
that  I  would  send  instructions  for  the  second  division 
coming  from  France,  with  respect  to  the  measures, 


DIPLOMATIC  CORRESPONDENCE.  435 

which  it  should  pursue  for  forming  a  junction  with  the 
first.  I  beg  leave  to  inform  your  Excellency,  that  I 
wrote  to  the  Count  de  Rochambeau,  agreeably  to  my 
letter  to  you  of  the  27th  ultimo,  and  requested  that  he, 
in  concert  with  the  Chevalier  de  Ternay,  would  com 
municate  to  me, /that  it  might  be  transmitted  to  your 
Excellency,  the  line  of  conduct  which  they  should 
judge  proper  to  be  pursued  by  this  division. 

As  the  Marine  are  concerned,  and  the  junction  in 
present  circumstances  is  a  matter  of  peculiar  delicacy, 
I  did  not  think  myself  qualified  to  decide  on  the  point. 
I  have  not  received  their  answer  yet,  and  therefore  I 
cannot  pretend  to  determine  what  should  be  done  ;  I 
will,  however,  take  the  liberty  to  observe,  that  if  the 
ships  of  war  with  this  division  are  superior,  or  even 
fully  equal  to  those  of  the  enemy,  off'  Rhode  Island,  I 
should  suppose  it  would  be  eligible  for  them  to  proceed 
there  at  once,  should  they  be  met  by  the  cruisers  your 
Excellency  has  sent  out  on  the  Southern  coast.  If  this 
is  not  the  case,  they  ought  to  make  the  Delaware  as 
soon  as  possible.  In  this  event  the  troops  might  be 
forwarded  to  Trenton  in  the  first  instance,  and  the 
ships  might  remain  until  ulterior  measures,  with  respect 
to  them,  should  be  determined.  These,  however,  I 
would  not  offer  but  as  mere  suggestions,  and  much  it 
would  seem  must  depend  on  circumstances  and  the 
discretion  of  the  officer  commanding  the  division. 

Perhaps  if  the  ships  of  war  should  proceed  directly 
to  Rhode  Island,  it  will  be  best  for  them  to  disembar 
rass  themselves  of  their  transports,  and  send  them  into 
the  Delaware  as  in  the  other  case.  I  take  it  for 
granted,  that  signals  of  recognisance  have  been  precon 
certed  between  the  two  divisions. 


436  LUZERNE. 

On  the  31st  ultimo,  the  enemy's  fleet  in  the  Sound 
returned  from  Huntington  Bay  to  New  York.  From 
every  information  the  Count  de  Rochambeau  and  his 
army  were  certainly  their  object,  and  they  had  em 
barked  in  considerable  force,  with  a  view  of  attacking 
him.  I  cannot  determine  with  precision  the  reasons, 
which  induced  the  enemy  to  relinquish  their  plan  ;  but 
it  is  not  improbable  that  the  movements  of  our  army, 
and  the  ulterior  measures  I  was  about  to  prosecute, 
operated  in  some  measure  to  produce  it. 
I  have  the  honor  to  be,  &c. 

GEORGE  WASHINGTON, 


GEORGE    WASHINGTON    TO    M.    DE    LA    LUZERNE, 

Peekskill,  August  6th,  1780 

Sir, 

I  had  this  morning  the  honor  to  receive  your  Ex 
cellency's  letter  of  the  30th  of  July,  with  the  one  ad 
dressed  to  the  Chevalier  de  Ternay,  which  I  have 
sealed  and  forwarded  by  an  express. 

With  respect  to  the  Continental  frigates,  I  beg  leave 
to  inform  your  Excellency,  that  I  did  not  apprehend, 
from  the  resolution  of  Congress  concerning  them,  that 
they  were  to  be  under  my  orders,  or  to  receive  any 
instructions  from  me,  until  they  had  joined  the  Chev 
alier  de  Ternay,  after  assembling  in  the  Delaware. 
This  being  the  case,  I  cannot  give  any  directions  about 
them  at  present,  and  would  take  the  liberty  to  recom 
mend  to  your  Excellency  to  apply  to  Congress  or  the 
Board  of  Admiralty ;  to  the  latter  of  whom  I  have 
written  to  give  their  orders  to  the  captains  of  the 


DIPLOMATIC  CORRESPONDENCE  437 

frigates,  on  the  conduct  they  are  to  pursue.  The  em 
ployment  for  them,  or  at  least  for  one  which  your 
Excellency  has  suggested,  appears  to  me  to  be  proper, 
and  that  it  will  answer  the  double  purposes  you 
mentic|  . 

I  have,  by  my  letter  of  today  to  the  Chevalier  de 
Ternay,  requested  him  to  advise  me  in  what  manner 
he  thinks  the  frigates  can  be  most  usefully  employed 
to  assist  his  fleet,  and  that  there  might  be  no  further 
delay,  when  matters  with  respect  to  them  are  ulti 
mately  fixed,  I  requested  him  also  to  communicate  to 
the  Captains  of  the  frigates  at  Boston,  as  well  as  to 
myself,  the  signals  of  recognisance. 

When  I  receive  his  answer  I  will  embrace  the  earli 
est  occasion  to  transmit  the  signals. 
I  have  the  honor  to  be,  &ic. 

GEORGE  WASHINGTON. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  August  15th,  1780 
Sir, 

1  have  received  the  letter,  with  which  you  honored  me 
on  the  12th  instant,  with  the  resolutions  of  the  5th  and 
12th  instants,  which  accompany  it.  Be  pleased  to  assure 
Congress,  that  I  will  neglect  no  means  in  my  power  for 
securing  the  success  of  the  prudent  and  patriotic  measures, 
which  are  about  to  be  taken,  and  I  can  assure  you  of  the 
eagerness,  with  which  the  King  will  second  those  measures 
and  of  his  resolution  to  assist  the  Thirteen  States,  to  the 


438  LUZERNE. 

utmost  of  his  power.  I  shall  transmit  to  his  Majesty  the 
resolution,  which  you  have  been  pleased  to  communicate 
to  me,  and  I  have  reason  to  believe,  that  he  will  entirely 
approve  of  everything,  that  may  contribute  to  the  immedi 
ate  deliverance  of  the  States  invaded  by  the  enemy. 

With  regard  to  the  concurrence  of  the  forces  of  his 
Catholic  Majesty,  I  am  entirely  uninformed,  and  although 
the  good  dispositions  of  the  Court  of  Madrid  towards  the 
Thirteen  States  are  undoubted,  I  do  not  know  in  what 
points  the  Spanish  troops  can  assist  the  American  armies. 
I  have  the  honor  to  be,  &c. 

LUZERNE. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  August  15th,  1780, 
Sir, 

1  have  received  the  letter,  which  you  did  me  the  honor 
of  writing  to  me  on  the  12th  instant,  with  an  act  of  Con 
gress  relative  to  the  petition  of  George  Basden.  1  shall 
transmit  the  whole  to  the  Governors  of  St  Domingo,  in 
order  to  know  their  opinion  on  a  subject  of  this  nature, 
but  I  can  inform  you  beforehand,  that  it  seems  to  me 
doubtful,  whether  their  opinion  will  be  favorable  to  the 
petitioner,  as  the  Bermudians,  living  under  the  English  gov 
ernment,  are  not  excepted  from  the  number  of  our  ene 
mies,  by  any  public  act,  which  has  come  to  my  knowledge. 

Allow  me,  Sir,  to  have  the  honor  to  remind  you  on  this 
occasion,  that  several  notes,  which  I  had  the  honor  of 
sending  to  the  Committee  of  Commerce,  in  relation  to 


DIPLOMATIC  CORRESPONDENCE.  439 

merchandise  deposited  in  the  hands  of  the  Sieur  Cara- 
burse,  at  St  Domingo,  have  remained  unanswered. 
I  have  the  honor  to  be,  &ic. 

LUZERNE. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  September  1st,  1780. 

Sir, 

I  have  received  the  letter,  with  which  you  yesterday  hon 
ored  me,  and  the  account  of  the  bills  of  exchange  drawn  on 
Dr  Franklin.  I  deeply  feel  the  confidence,  which  Con 
gress  repose  in  me,  in  confiding  to  me  the  details  of  this 
affair,  and  I  have  no  doubt,  that  Congress  are  persuaded  of 
the  zeal  and  interest  with  which  I  shall  lay  before  his  Maj 
esty's  Minister,  the  actual  state  of  the  finances  of  the  Thir 
teen  United  States.  Their  representatives  are  not  igno 
rant  how  desirous  the  King  is  to  render  them  effectual 
assistance,  and  the  measures  lately  taken  are  new  proofs 
of  his  friendship  and  kindness  for  them. 

As  to  the  bills  of  exchange  in  question,  I  have  said  with 
freedom  to  the  committee,  with  which  I  had  the  honor  of 
conferring,  that  I  was  in  no  way  authorised  to  give  any 
hopes,  that  they  would  be  accepted.  I  confided  to  that 
committee,  with  equal  sincerity,  my  reasons  for  fearing, 
that  great  difficulties  would  be  experienced  in  the  payment 
of  them,  unless  Congress  themselves  succeed  in  placing 
funds  in  the  hands  of  their  Plenipotentiary.  I  am  persuaded, 
Sir,  that  the  explanations,  which  I  have  had  the  honor  of 
transmitting  to  Congress,  by  the  committee  appointed  to 
confer  with  me,  are  conformable  to  the  system  of  sincerity 


440  LUZERNE. 

and   frankness,  which  ought  to  exist  between  allies  whose 
interests  are  so  closely  connected.* 
I  have  the  honor  to  be,  &.e. 

LUZERNE. 


GEORGE  WASHINGTON  TO  M.  DE  LA  LUZERNE. 

Head  Quarters,  Bergen  County,  > 
September  12th,  1780.  > 

Sir, 

i  have  the  honor  to  enclose  you  a  letter,  which  upon  the 
whole  I  have  thought  it  advisable  to  write  to  the  Count 
de  Guichen.  As  its  contents  are  of  a  nature  to  make  its 
falling  into  the  enemy's  hands  in  its  present  form  danger 
ous,  and  as  I  have  no  cypher  of  communication  with  the 
Count,  I  take  she  liberty  to  request  your  Excellency's  as 
sistance,  in  making  use  of  yours,  and  forwarding  it  by 
triplicates  with  your  despatches  by  the  first  opportunities. 

I  make  no  mention  of  a  land  force,  because  though  it 
would  be  useful,  it  may  be  dispensed  with.  But  if  a  body 
of  troops  could  conveniently  accompany  the  fleets,  it  would 
give  greater  energy  and  certainty  of  success  to  our  ope 
rations.  I  am  the  more  induced  to  desire  it,  as  the  com 
position  of  a  considerable  part  of  our  army  is  temporary, 
and  I  am  not  informed  what  measures  may  be  taken  to 
replace  the  men  whose  times  of  service  will  expire. 

I  need  use  no  arguments  to  convince  your  Excellency 
of  the  extremity,  to  which  our  affairs  are  tending,  and  the 
necessity  of  support.  You  are  an  eye  witness  to  all  our 
perplexities  and  all  our  wants.  You  know  the  dangerous 

*  See  the  resolutions  of  Congress,  respecting  the  bills  of  exchange 
here  mentioned,  in  the  Public  Journal  of  Congress,  for  August  9th 
and  15th,|1780. 


DIPLOMATIC  CORRESPONDENCE.  441 

consequences  of  leaving  the  enemy  in  quiet  possession  of 
their  southern  conquests ;  either  for  negotiation  this  winter, 
or  a  continuance  of  the  war.  You  kndw  our  inability  alone 
to  expel  them,  or  perhaps  even  to  stop  their  career. 

I  have  the  honor  to  be,  with  the  sincerest  sentiments 
of  respect  and  attachment, 

GEORGE  WASHINGTON. 


TO    THE    PRESIDENT    OP    CONGRESS. 

Translation. 

Philadelphia,  September  15th,  1780. 
Sir, 

I  have  received  the  annexed  Declaration,*  with  orders 
to  communicate  it  to  Congress.  Some  American  mer 
chants,  not  knowing  that  Articles  llth  and  12th,  therein 
mentioned,  had  been  annulled,  have  made  use  of  them  in 
the  French  Islands,  to  demand  an  exemption  from  the 
duties  paid  on  the  exportation  of  molasses. 

An  authentic  publication  of  the  treaty  will  remove  all 
remaining  doubts  as  to  the  payment  of  this  duty,  to  which 
the  subjects  of  his  Majesty  are  themselves  subjected. 
I  have  the  honor  to  be,  &c. 

LUZERNE. 

*  See  this  Declaration,  annulling  the  llth  and  12th  Articles  of  the 
Treaty,  in  the  Correspondence  of  the  Commissioners  in  France,  Vol. 
I.  p.  432. 

VOL.  x.  56 


442  LUZERNE. 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  September  16th,  1780. 

Sir, 

The  undersigned,  Minister  Plenipotentiary  of  France, 
being  about  to  leave  Philadelphia  for  some  weeks,  and 
being  desirous  that  in  the  present  state  of  things,  there 
should  be  no  interruption  to  the  communications  be 
tween  Congress  and  the  French  Embassy,  has  the 
honor  of  informing  this  body,  that  M.  de  Marbois  will 
emain  here  as  Charge  d'affaires  of  his  Majesty.  As 
he  President  and  Delegates  are  aware  of  the  attention, 
which  he  has  paid  to  the  affairs  relative  to  them,  the 
undersigned  hopes  that  they  will  be  pleased  to  grant 
him  their  confidence.* 

LUZERNE. 

*In  Congress,  September  19th.  "A  letter  of  the  16th,  from  the  Hon 
orable  the  Minister  Plenipotentiary  of  France,  was  read,  informing 
Congress  that  he  is  about  to  leave  Philadelphia,  and  to  be  absent  for 
some  weeks  ;  but  that  M.  de  Marbois  will  remain  here  in  quality  of 
his  Majesty's  Charge  d 'Affair es ;  and  hoping,  that  from  his  known 
attention  to  matters  relative  to  the  embassy,  Congress  will  grant  him 
their  confidence ;  whereupon, 

"Resolved,  That  the  President  inform  the  Minister  of  France,  that 
in  his  absence  they  will  readily  continue  their  intercourse  with  the 
embassy  of  his  Most  Christian  Majesty,  through  M.  de  Marbois,  as  his 
Majesty's  Ckargt  d'affaires,  in  whose  abilities  and  attention  to  the 
interests  of  the  Court  of  France  and  those  of  the  United  States  they 
have  just  confidence." 


DIPLOMATIC  CORRESPONDENCE.  ,143 

M.    DE    MARBOIS    TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  October  8th,  3780. 
Sir, 

I  have  received  the  letter,  with  which  your  Excel 
lency  honored  me  on  the  7th  instant,  and  the  accom 
panying  resolution  of  Congress.  I  shall,  in  compliance 
with  the  wishes  of  Congress,  send  it  in  three  despatches 
to  his  Majesty's  Minister,  and  shall  make  use  of  three 
different  vessels,  which  will  sail  for  France  in  the 
course  of  this  week.  I  have  no  doubt  that  my  Court 
is  sensible  of  the  attention,  which  Congress  shows  in 
communicating  to  it  these  measures,  and  that  they  will 
appear  equally  just,  moderate,  and  prudent. 

I  have  the  honor  to  be,  &c. 

MARBOIS. 

M.    DE    MAUBOIS    TO    THE    PRESIDENT    OP    CONGRESS. 

Translation. 

Philadelphia,  October  27th,  1780. 
Sir,  * 

In  obedience  to  an  order,  which  the  Captain  of  the 
store-ships  in  this  port  has  just  received,  he  will  sail 
for  Boston  or  Rhode  Island  on  Monday  or  Tuesday 
next.  Will  your  Excellency  have  the  kindness  to 
inform  me,  if  he  can  be  convoyed  to  the  mouth  of  the 
Delaware,  or  to  any  other  distance,  by  one  of  the  Con 
tinental  frigates. 

I  have  the  honor  to  be,  &c. 

MARBOIS. 


444  LUZERNE. 

i 
TO    THE    PRESIDENT    OP    CONGRESS. 

Translation. 

Philadelphia,  November  1st,  1780. 
Sir, 

The  Governors  of  the  West  India  Islands  express  a 
wish,  that  Congress  would  he  pleased  to  take  into  con 
sideration  the  various  inconveniences  resulting  from 
the  abuse  by  the  English  of  the  papers,  which  they 
find  on  board  of  the  American  prizes,  which  fall  into 
their  hands.  They  make  use  of  these  papers  to  enable 
themselves  to  commit  the  most  daring  actions,  and  it 
is  the  more  difficult  to  prevent  them,  as  they  some 
times  have  subjects  of  the  United  States  on  board,  and 
as  the  English  language  is  spoken  by  them  in  common 
with  our  allies. 

The  undersigned,  Minister  Plenipotentiary  of  his 
Most  Christian  Majesty,  has  the  honor  to  propose  to 
Congress,  that  henceforth  every  Captain  bound  to  the 
French  Colonies  shall  sign  his  own  papers  in  presence  of 
the  Commissioners  of  the  American  Admiralty,  in  order 
that,  on  his  arrival  in  the  French  Islands,  it  may  be 
ascertained  whether  this  signature  be  the  same  as  that 
which  shall  be  made  by  him  as  Captain  of  the  American 
vessel.  It  would  be  of  equal  use  to  endorse  the  signature 
of  the  Captain  on  the  papers.  If  Congress  think  of 
any  other  form  equally  adapted  to  fulfil  the  object 
desired,  the  undersigned  will  endeavor  to  have  it 
adopted  by  the  Governors  of  the  French  Islands. 

LUZERNE. 


DIPLOMATIC  CORRESPONDENCE.  445 


FROM  CONGRESS  TO  THE  KING  OF  FRANCE. 

The  United  States  of  America  in  Congress  assem 
bled,  to  their  Great,  Faithful  and  Beloved  Frienti  and 
Ally,  Louis  the  Sixteenth,  King  of  France  and 
Navarre. 

Great,  Faithful  and  Beloved  Friend  and  Ally, 
Persuaded  of  your  Majesty's  friendship,  and  of  your 
earnest  desire  to  prosecute  the  war  with  glory  and 
advantage  to  the  alliance,  we  ought  not  to  conceal 
from  your  Majesty  the  embarrassments,  which  have 
attended  our  national  affairs,  and  rendered  the  last 
campaign  unsuccessful. 

A  naval  superiority  in  the  American  seas  having 
enabled  the  enemy,  in  the  midst  of  the  last  winter,  to 
divide  their  army,  and  extend  the  war  in  the  Southern 
States,  Charleston  was  subdued  before  a  sufficient  force 
could  be  assembled  for  its  relief. 

With  unabated  ardor,  and  at  a  vast  expense,  we  pre 
pared  for  the  succeeding  campaign ;  a  campaign  from 
which,  in  a  dependence  on  the  co-operation  of  the 
squadron  and  troops  generously  destined  by  your  Ma 
jesty  for  our  assistance,  we  had  formed  the  highest 
expectations.  Again  the  enemy  frustrated  our.  meas 
ures.  Your  Majesty's  succors  were  confined  within 
the  harbor  of  Newport,  while  the  main  body  of  the 
British  army  took  refuge  in  their  fortresses,  and  under 
protection  of  their  marine,  declining  to  hazard  a  battle 
in  the  open  field;  and  regardless  of  their  rank 'among 
civilized  nations,  they  descended  to  wage  a  predatory 
war.  Britons  and  savages  united  in  sudden  irruptions 


446  LUZERNE. 

on  our  northern  and  western  frontiers,  and  marked 
their  progress  with  blood  and  desolation. 

The  acquisition  of  Charleston,  with  the  advantages 
gained  in  Georgia,  and  the  defeat  of  a  small  army 
composed  chiefly  of  militia,  which  had  been  hastily 
collected  to  check  their  operations,  encouraged  the 
British  commander  in  that  quarter  to  penetrate  through 
South  Carolina  into  the  interior  parts  of  North  Caro 
lina.  And  the  ordinary  calamities  of  war  were  embit 
tered  by  implacable  vengeance.  They  did  not,  how 
ever,  long  enjoy  their  triumph.  Instead  of  being 
depressed,  impending  danger  served  only  to  rouse  our 
citizens  to  correspondent  exertions ;  and  by  a  series  of 
gallant  and  successful  enterprises  they  compelled  the 
enemy  to  retreat  with  precipitation  and  disgrace. 

They  seem,  however,  resolved  by  all  possible  efforts, 
not  only  to  retain  their  posts  in  Georgia  and  South 
Carolina,  but  to  renew  their  attempts  on  North  Caro 
lina.  To  divert  the  reinforcements  destined  for  those 
States,  they  are  now  executing  an  enterprise  against 
the  seacoast  of  Virginia  ;  and  from  their  preparations 
at  New  York  and  intelligence  from  Europe,  it  is  man 
ifest  that  the  four  southern  States  will  now  become  a 
principal  object  of  their  hostilities. 

It  is  the  voice  of  the  people  and  the  resolution  of 
Congress  to  prosecute  the  war  with  redoubled  vigor, 
and  to  draw  into  the  field  a  permanent  and  well  ap.- 
pointed  army  of  thirtyfive  thousand  regular  troops. 
By  this  decisive  effort  we  trust  that  we  shall  be  able, 
under  the  divine  blessing,  so  effectually  to  co-operate 
with  your  Majesty's  marine  and  land  forces,  as  to 
expel  the  common  enemy  from  our  country,  and  render 


DIPLOMATIC  CORRESPONDENCE.  447 

the  great  object  of  the  alliance  perpetual.  But  to 
accomplish  an  enterprise  of  such  magnitude,  and  so 
interesting  to  both  nations,  whatever  may  be  our  spirit 
and  our  exertions,  we  know  that  our  internal  resources 
must  prove  incompetent.  The  sincerity  of  this  decla 
ration  will  be  manifest  from  a  short  review  of  our 
circumstances. 

Unpraclised  in  military  arts,  and  unprepared  with  the 
means  of  defence,  we  were  suddenly  invaded  by  a  formi 
dable  and  vindictive  nation.  We  supported  the  unequal 
conflict  for  years  with  very  little  foreign  aid,  but  what  was 
derived  from  your  Majesty's  generous  friendship.  Exer 
tions  uncommon,  even  among  the  most  wealthy  and  best 
established  governments,  necessarily  exhausted  our  finances, 
plunged  us  into  debt,  and  anticipated  our  taxes ;  while  the 
depredations  of  an  active  enemy  by  sea  and  land  made 
deep  impressions  on  our  commerce  and  our  productions. 
Thus  encompassed  with  difficulties,  in  our  representation  to 
your  Majesty  of  June  15,  1779,  we  disclosed  our  wants, 
and  requested  your  Majesty  to  furnish  us  with  clothing, 
arms,  and  ammunition  for  the  last  campaign,  on  the  credit 
of  the  United  States.  We  entertain  a  lively  sense  of  your 
Majesty's  friendly  disposition,  in  enabling  our  Minister  to 
procure  a  part  of  those  supplies,  of  which,  through  unfor 
tunate  events,  a  very  small  proportion  has  arrived.  The 
sufferings  of  our  army  from  this  disappointment  have  been 
so  severe,  that  we  must  rely  on  your  Majesty's  attention  to 
our  welfare  for  effectual  assistance.  The  articles  of  the 
estimate  transmitted  to  our  Minister  are  essential  to  our 
army,  and  we  flatter  ourselves,  that  through  your  Majesty's 
interposition  they  will  be  supplied. 

At  a  time  when  we  feel  ourselves  strongly  impressed  by 


448  LUCERNE. 

the  weight  of  past  obligations,  it  is  with  the  utmost  reluct 
ance  that  we  yield  to  the  emergency  of  our  affairs  in 
requesting  additional  favors.  An  unreserved  confidence  in 
your  Majesty,  and  a  well  grounded  assurance,  that  we  ask 
no  more  than  is  necessary  to  enable  us  effectually  to  co 
operate  with  your  Majesty,  in  terminating  the  war  with 
glory  and  success,  must  be  our  justification. 

It  is  well  known,  that  when  the  King  of  Great  Britain 
found  himself  unable  to  subdue  the  populous  States  of 
North  America  by  force,  or  to  seduce  them  by  art  to 
relinquish  the  alliance  with  your  Majesty,  he  resolved  to 
protract  the  war,  in  expectation  that  the  loss  of  our  com 
merce,  and  the  derangement  of  our  finances,  must  eventu 
ally  compel  us  to  submit  to  his  domination.  Apprized  of 
the  necessity  of  foreign  aids  of  money  to  support  us  in  a 
contest  with  a  nation  so  rich  and  powerful,  we  have  long 
since  authorised  our  Minister  to  borrow  a  sufficient  sum  in 
your  Majesty's  dominions,  and  in  Spain,  and  in  Holland, 
on  the  credit  of  these  United  States. 

We  now  view  the  prospect  of  a  disappointment  jafith  the 
deeper  concern,  as  the  late  misfortunes  in  the  southern 
States,  and  the  ravages  of  the  northern  and  western  frontiers, 
have,  in  a  very  considerable  degree,  impaired  our  internal 
resources.  From  a  full  investigation  of  our  circumstances 
it  is  manifest,  that  in  aid  of  our  utmost  exertions  a  foreign 
loan  of  specie,  at  least  to  the  amount  of  twentyfive  millions 
of  livres,  will  be  indispensably  necessary  for  a  vigorous 
prosecution  of  the  war.  On  an  occasion,  in  which  the 
independence  of  these  United  States  and  your  Majesty's 
glory  are  so  intimately  connected,  we  are  constrained  to 
request  your  Majesty  effectually  to  "support  the  applications 
of  our  Ministers  for  that  loan.  So  essential  is  it  to  the 


DIPLOMATIC  CORRESPONDENCE.  449 

common  cause,  that  we  shall  without  it  be  pressed  with 
wants  and  distresses,  which  may  render  all  our  efforts  lan 
guid,  precarious,  and  indecisive.  Whether  it  shall  please 
your  Majesty  to  stipulate  for  this  necessary  aid  as  our  secu 
rity,  or  to  advance  it  from  your  royal  coffers,  we  do  hereby 
solemnly  pledge  the  faith  of  these  United  States  to  indem 
nify,  or  reimburse  your  Majesty,  according  to  the  nature  of 
the  case,  both  for  principal  and  interest,  in  such  manner  as 
shall  be  agreed  upon  with  our  Minister  at  your  Majesty's 
Court. 

We  beseech  the  Supreme  Disposer  of  events  to  keep 
your  Majesty  in  his  holy  protection,  and  long  to  continue 
to  France  the  blessings  arising  from  the  administration  of  a 
Prince,  who  nobly  asserts  the  rights  of  mankind. 

Done  at  Philadelphia,  the  22d  day  of  November,  in  the 
year  of  our  Lord,  one  thousand  seven  hundred  and  eighty, 
by  the  Congress  of  the  United  States  of  North  America, 
and  in  the  fifth  year  of  our  independence. 

Your  Faithful  Friends  and  Allies. 

SAMUEL  HUNTINGTON,  President. 

Attest,  CHARLES  THOMSON,  Secretary. 


TO    GEORGE    WASHINGTON. 

Translation. 

Philadelphia,  December  5th,  1780. 
Sir, 

I  flattered  myself,  that  the  clothing  destined  for  the  army 

under  the   command  of  your  Excellency  had   at  length 

arrived  in  the  river,  in  the  vessel  of  Paul  Jones,  or  in  one 

of  those  coming   under  his  convoy  ;  but  I  regret  that  you 

VOL.   x.  57 


450  LUZERNE. 

have  not  yet  had  that  satisfaction.  A  passenger,  who 
arrived  in  one  of  this  convoy,  told  me,  that  when  this  little 
squadron,  which  left  France  on  the  8th  of  October,  should 
arrive,  they  would  bring  but  little  clothing,  being  in  great 
part  laden  with  arms  and  ammunition  ;  but  he  added,  that 
the  Serapis  is  destined  to  bring  the  remainder  of  the 
clothing,  and  that  we  may  hope  to  see  the  vessel  arrive 
soon  in  our  ports.  I  am  anxious  to  have  an  opportunity 
of  giving  your  Excellency  notice  of  the  arrival  of  these 
articles. 

I  have  received  certain  intelligence,  that  an  expedition 
composed  of  four  thousand  troops,  convoyed  by  eight  ves 
sels  of  war,  departed  on  the  16th  of  October  from  the 
Havana  to  attempt  an  expedition  against  Pensacola.  But 
it  is  thought  that  the  terrible  tempests,  which  they  may 
have  received  on  the  passage,  may  have  retarded  the  fleet. 

Another  expedition  was  to  depart  in  the  month  of  De 
cember  to  attack  St  Augustine.  It  was  to  be  composed 
of  ten  thousand  men,  regulars  and  militia,  and  twelve  ves 
sels  of  war.  I  wish  sincerely  that  the  operation  may  meet 
with  success,  and  thus  make  an  advantageous  diversion  in 
favor  of  the  United  States  in  that  quarter. 

The  Chevalier  de  Chastellux,  and  the  officers  who  had 
the  honor  of  visiting  you  at  head  quarters,  desire  me  to 
present  their  respects  to  you.     They  hope  to  have  the 
honor  of  seeing  you  again  on  their  return. 
I  am,  &tc. 

LUZERNE. 


DIPLOMATIC  CORRESPONDENCE.  451 

GEORGE  WASHINGTON  TO  M.  DE  LA  LUZERNE. 

New  Windsor,  December  14th,  1780. 
Sir, 

Yesterday  brought  me  the  honor  of  your  Excellency's 
favor  without  date  ;  but  which  1  suppose  to  have  been 
written  on  the  5th  instant,  as  it  accompanied  a  letter  from 
the  Marquis  de  Lafayette  of  that  date. 

Receive,  my  good  Sir,  the  expressions  of  gratitude, 
which  are  due  to  your  Excellency  for  the  important  intel 
ligence  you  have  communicated,  relative  to  the  designs  of 
the  Spanish  Court  upon  the  Floridas.  I  have  transmitted 
the  account  of  these  interesting  events  to  Count  de  Ro- 
chambeau,  and  the  Chevalier  de  Ternay,  with  proposi 
tions,  which,  if  acceded  to,  I  shall  do  myself  the  honor  of 
communicating  to  your  Excellency. 

It  would  have  been  fortunate  for  the  army,  if  your  Ex 
cellency's  feelings  for  its  want  of  clothing  could  have  been 
relieved  by  the  agreeable  tidings  of  the  arrival  of  that  arti 
cle  ;  but,  alas  !  we  are  so  accustomed  to  want,  that  we  dare 
not  flatter  ourselves  with  relief. 

Your  Excellency's  despatches  for  Rhode  Island,  accom 
panying  your  letter  to  me,  came  to  hand  at  the  instant  the 
post  was  setting  out,  and  were  committed  to  his  care.  It 
is  the  only  means  of  conveyance  now  left  me,  since  the 
chain  of  expresses  formed  by  the  dragoon  horses,  which 
were  worn  down  and  sent  to  their  cantonment,  have  been 
discontinued.  The  Quarter  Master  General  has  it  not  in 
his  power,  for  want  of  money,  to  furnish  an  express  upon 
the  most  urgent  occasion. 

I  anticipate  with  much  pleasure  the  visit  I  shall  receive 
from  the  Chevalier  de  Chastellux  and  the  other  gentlemen 


452  LUZERNE . 

of  the  French  army,  on  their  return  to  Rhode  Island,  and 
beg  the  favor  of  your  Excellency  to  present  my  compli 
ments  to  them  and  to  M.  de  Marbois. 

With  great  respect  and  personal  attachment,  I  have  the 
honor  to  be,  &c. 

GEORGE  WASHINGTON. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  January  15th,  1781. 
Sir, 

I  have  just  received  an  authentic  copy  of  a  letter  from 
the  King  to  the  Due  de  Penthievre,  Admiral  of  France, 
in  relation  to  prizes  taken  by  American  privateers,  in  the 
ports  of  the  kingdom.  I  have  thought  it  proper,  Sir,  to 
communicate  it  to  you,  in  order  that  the  Americans,  who 
take  that  course  may  be  duly  informed  of  the  regulations, 
which  it  contains,  and  may  know,  that  it  is  the  intention  of 
his  Majesty,  that  they  shall  be  treated  in  the  same  manner 
as  his  own  subjects,  in  the  judgment  of  the  prizes,  which 
they  shall  bring  into  the  ports  of  the  kingdom. 
I  have  the  honor  to  be,  &c. 

LUZERNE. 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  February  25th,  1781 
Sir, 

The  undersigned,  Minister  Plenipotentiary  of  France, 
has  the  honor  of  informing  Congress,  that  M.  de  Tilly, 


DIPLOMATIC  CORRESPONDENCE.  453 

commander  of  the  King's  sixty  gun  ship,  1'Eville,  arrived  in 
the  Chesapeake  Bay  on  the  llth  instant,  with  two  frigates. 
The  undersigned  has  received  no  news  of  them  later  than 
the  16th,  at  which  time  it  seems,  that  the  commander  of 
this  little  squadron  proposed  to  prolong  his  stay  as  long  as 
circumstances  would  permit,  in  order  to  co-operate  with 
the  land  troops  commanded  by  Generals  Steuben  and 
Nelson. 

The  Chevalier  de  la  Luzerne  does  not  know  how  long 
these  vessels  will  remain  in  their  present  station ;  but  as 
it  is  important,  that  the  communications  between  M.  de 
Tilly  and  Philadelphia  should  take  place  with  the  greatest 
possible  despatch,  he  requests  Congress  to  inform  him, 
whether  the  line  of  expresses  has  been  kept  up,  and  if  so, 
to  whom  he  is  to  apply  in  order  to  make  use  of  it. 

LUZERNE. 

TO    THE    PRESIDENT.  OF    CONGRESS. 

Translation. 

Philadelphia,  February  28th,  1781, 
Sir, 

I  think  it  necessary  for  the  information  of  the  depart 
ment  of  finance  to  inform  you,  that  Mr  Robert  Morris 
having  strongly  represented  to  me,  that  it  was  of  impor 
tance  to  his  operations,  and  to  those  of  General  Washing 
ton,  to  have  a  stock  of  bills  of  exchange,  which  might  en 
able  him  to  wait  for  the  arrival  of  the  funds  brought  by 
Colonel  Laurens,  I  have  taken  upon  myself  to  authorise 
him  to  draw  bills  of  exchange,  to  the  amount  of  219,018 
livres,  4s.  8d.  Funds  to  that  exact  amount  will  be  raised, 
and  I  hope  that  my  Court  will  approve  of  the  course, 


454  LUZERNE. 

which  I  have  taken,  in  consideration  of  the  importance  of 
he  operations  now  goisg  on. 

I  have  the  honor  to  be,  Sir,  &tc, 

LUZERNE. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia.  March  2d,  1781. 
Sir, 

The  undersigned,  Minister  of  France,  has  the  honor  of 
informing  Congress,  that  M.  de  Tilly  has  left  the  Chesa 
peake  Bay  with  his  squadron.  He  took  there  ten  prizes, 
among  which  are  two  strong  privateers,  and  during  his 
passage  from  the  Chesapeake  to  Newport  in  Rhode  Island, 
he  met  the  Romulus,  of  fortyfour  guns,  pierced  for  fifty 
guns.  He  took  her  and  carried  her  into  Newport,  which 
he  entered  on  the  24th  ultimo,  with  five  hundred  English 
prisoners.  The  Chevalier  de  la  Luzerne  is  informed,  that 
the  America,  an  English  vessel,  whose  fate  since  the  hur 
ricane  of  the  21st  of  February  had  been  unknown,  has 
sailed  into  Gardner's  Bay. 

The  Minister  Plenipotentiary  of  France  is  desirous,  that 
Congress  would  be  pleased  to  appoint  a  committee,  to 
whom  he  will  have  the  honor  of  communicating  some 
further  information  relative  to  these  operations. 

LUZERNE. 


DIPLOMATIC  CORRESPONDENCE. 
M.    DESTOUCHES    TO    M.    DE    LA    LUZERNE. 

Translation. 

On  Board  the  Due  de 


*>l 

March  19th7  1^81.  5 

Sir, 

The  enemy,  informed  without  doubt,  in  some  manner, 
arrived  at  the  same  time  with  myself  at  the  Capes  of  Ches 
apeake  Bay,  and  it  would  have  been  impracticable  to  at 
tempt  to  disembark  the  troops,  even  from  the  vessels  of 
war,  in  spite  of  the  English  squadron  and  under  its  fire. 
Obliged  to  renounce,  for  a  time  at  least,  the  hope  of  ren 
dering  assistance  to  the  State  of  Virginia,  I  have  been  em 
ployed  only  with  the  care  of  preserving  the  honor  of  his 
Majesty's  arms,  and  I  flatter  myself  that  it  has  not  suffered 
in  my  battle  with  the  enemy. 

On  the  16th  instant,  in  consequence  of  a  violent  south 
wind,  which  had  carried  the  squadron  to  the  northeast, 
we  discovered,  at  break  of  day,  a  frigate  two  gun-shots  to 
windward.  A  short  time  after,  we  perceived  several  large 
vessels  in  rear  of  the  squadron.  I  had  then  no  doubt  that 
this  was  the  English  squadron,  which,  being  informed  of 
my  project,  had  arrived,  almost  at  the  same  time,  upon  the 
coast  of  Virginia.  1  immediately  made  a  signal  to  the 
squadron  to  form  in  line  of  battle,  the  English  squadron 
being  about  two  leagues  to  the  south,  and  running  on  the 
same  tack  with  me.  At  nine  o'clock,  I  tacked,  and  the 
enemy  did  the  same.  Before  one  o'clock,  afternoon,  their 
vanguard  was  not  more  than  half  a  league  distant  from  the 
rear  of  my  line.  Till  that  time,  I  had  maneuvered  with 
out  avoiding  or  seeking  an  engagement,  because  I  per 
ceived,  that  even  the  greatest  success,  with  which  I  could 


45|l  LUZERNE. 

flatter  myself,  would  still  render  it  impossible  for  me  to 
fulfil  my  object ;  but  the  determined  design,  which  was 
shown  by  the  enemy  of  attacking  my  rearguard,  and  the 
honor  of  the  royal  arms,  which  I  had  to  sustain,  made  me 
resolve  to  go  and  meet  him.  At  one  o'clock  the  firing 
commenced  on  both  sides ;  the  head  of  the  English  line 
had  borne  down,  and  the  van  of  my  squadron  had  done 
the  same,  so  that  the  two  squadrons  fought  for  some  time 
while  running  before  the  wind.  A  little  before  two  o'clock, 
I  determined  to  make  the  squadron  haul  nearer  the  wind, 
a  movement,  which  made  the  whole  squadron  file  before 
the  head  of  the  enemy's  line. 

This  manoeuvre  completely  succeeded ;  their  leading 
ship  had  hardly  felt  the  fire  of  the  fifth  vessel,  when  she 
retired  from  the  engagement,  under  the  escort  of  a  frigate, 
which  came  to  her  assistance.  The  rear  of  the  English 
squadron  had  still  continued  the  combat  with  my  rearguard, 
but  that  part  of  my  squadron  has  sustained  little  injury. 
At  a  quarter  before  three  o'clock,  the  firing  ceased  on 
both  sides.  The  English  squadron  being  in  the  rear,  and 
to  windward  of  mine,  I  made  a  signal  to  form  again  in 
order  of  battle,  which  was  done  in  a  short  time.  I  then 
designed  to  turn  again  upon  the  enemy,  who  appeared  to 
have  sustained  more  injury  than  my  own  squadron  ;  but 
the  signals,  which  were  made  by  the  ships  le  Conquerant 
and  VJlrdent,  informed  me  that  these  vessels,  and  particu 
larly  the  former,  had  been  considerably  injured  in  the 
engagement.  I  then  continued  to  run  on  the  same  tack, 
under  easy  sail,  ready  to  receive  the  enemy,  if  he  should 
think  proper  to  risk  a  second  encounter,  but  he  prudently 
kept  in  the  rear  and  to  windward  during  the  remainder 
of  the  day,  without  availing  himself  of  the  superior  advan 
tages  of  his  situation  for  renewing  the  engagement. 


DIPLOMATIC  CORRESPONDENCE.  457 

When  night  came  on,  the  English  squadron  bore  up, 
and  I  continued  to  run  to  the  southeast.  On  the  next 
morning,  I  assembled  the  captains  to  know  the  state  of 
their  vessels.  I  found  that  the  rudder  and  all  the  masts  of 
the  ship,  le  Conquerant,  were  in  the  most  dangerous  state, 
and  that  the  mainmast  of  VJlrdent  was  very  much  in 
jured  ;  and  also  that  several  other  vessels  had  received 
cannon-shots  in  their  lower  masts ;  it  was,  consequently, 
determined  that  the  squadron  should  return  directly  to 
Newport  to  repair. 

I  cannot  too  highly  praise  the  courageous  boldness, 
which  was  shown  by  the  captains,  officers,  and  crews  of 
my  squadron,  as  well  as  by  the  troops,  embarked  as  pas 
sengers.  Their  valor  made  my  force  equal  to  that  of  the 
English  squadron,  which  had  one  vessel  more  than  mine, 
and  if  it  had  been  only  necessary  to  the  success  of  our  ex 
pedition  to  give  the  enemy  another  check,  1  should  have 
regarded  it  as  certain,  notwithstanding  the  superiority  of 
their  forces. 

I  have  the  honor  to  be,  &ic. 

DESTOUCHES. 

TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  March  24th,  1781. 
Sir, 

The  undersigned,  Minister  Plenipotentiary  of  France 
has  the  honor  to  inform  Congress,  that  the  King,  being 
made  acquainted  with  the  situation  of  the  affairs  of  the 
confederacy,  had  resolved  to  continue  during  the  next  cam 
paign  the  land  and  sea  forces,  which  are  now  in  this  Con 
tinent.  That  unforeseen  obstacles  had  prevented  the 
VOL.  x.  58 


458  LUZERNE. 

junction  of  the  second  division  of  sea  forces  with  the  first 
as  soon  as  was  expected,  but  that  it  was  to  sail  as  soon  as 
possible,  and  that  Congress  should  use  their  utmost  exer 
tions  to  have  their  army  ready  for  action  without  the  least 
delay. 

But  while  the  King,  actuated  by  his  love  for  the  United 
States,  of  his  mere  motion  was  giving  them  succors,  which 
he  was  under  no  obligation  to  do,  and  out  of  regard  to  them 
lessened  the  efforts,  which  he  could  have  made  for  his  own 
advantage,  he  had  reason  to  expect  a  proportionable  activity 
from  Congress,  and  he  hopes  that  the  United  States,  which 
have  so  much  to  gain  or  lose  by  the  issue  of  the  contest, 
will  employ  all  their  resources  in  the  present  conjuncture  ; 
and  that  the  Congress,  who  are  intrusted  with  their  dearest 
interest,  will  hasten  to  adopt  effectual  measures  for  con 
ducting  matters  to  a  happy  issue. 

The  Chevalier  de  la  Luzerne,  when  he  communicated 
to  the  King  the  news  of  the  final  ratification  of  the  confed 
eration,  thought  himself  warranted  to  assure  his  Majesty, 
that  this  event  would  have  a  happy  influence  on  the  coun 
cils  of  this  Republic  ;  that  they  would  thereby  acquire  all 
the  energy  necessary  for  conducting  the  important  business 
intrusted  to  them ;  that  the  Union  would  receive  new 
force,  and  he  did  not  doubt  but  the  ensuing  campaign 
would  give  decisive  proofs  of  this.  And  the  Minister  relies 
that  his  hopes,  which  are  the  same  as  are  entertained  by 
the  whole  continent,  will  not  be  disappointed.  It  is  at  the 
same  time  essential,  while  Congress  are  making  the  neces 
sary  arrangements  for  the  ensuing  campaign,  that  they 
should  know  for  certain  that  they  are  to  count  only  on  their 
own  resources  for  defraying  the  expenses  that  it  will 
require. 


DIPLOMATIC    CORRESPONDENCE.  459 

The  frankness  of  the  King,  and  the  friendship  he  bears 
lo  the  United  States,  will  not  permit  him  to  encourage  an 
error,  which  they  appear  to  be  in,  with  respect  to  the  pecu 
niary  aids,  which  they  seem  to  expect.  The  desire  of 
securing  their  independence  had  induced  his  Majesty  to 
exceed  the  measure  of  the  engagements  he  had  contracted 
with  them,  and  he  will  continue  to  support  their  interests, 
either  by  powerful  diversions  or  by  immediate  succors,  and 
they  may  rely  not  only  on  his  most  scrupulous  punctuality 
in  the  execution  of  his  engagements,  but  upon  all  the  ex 
traordinary  assistance,  which  it  will  be  in  his  power  to  give 
them.  But  as  to  pecuniary  aids,  the  enormous  expenses 
of  the  present  war,  and  the  necessity  of  preserving  credit, 
which  is  the  only  means  of  providing  for  those  expenses, 
do  not  permit  his  Majesty's  Ministers  to  give  Congress  the 
least  hope  in  that  respect. 

The  Chevalier  de  la  Luzerne  will  not  dissemble,  that  his 
Court  was  exceedingly  surprised  on  being  informed  of  the 
step,  which  Congress  had  taken  in  disposing  of  bills  drawn 
on  their  Minister,  although  they  could  not  be  ignorant  that 
they  had  no  funds  for  discharging  them.  This  is  a  con 
duct  totally  inconsistent  with  that  order,  which  his  Majesty 
is  forced  to  observe  in  his  finances,  and  he  has  no  doubt 
but  in  future  Congress  will  most  studiously  avoid  a  repeti 
tion  of  it.  He  has,  nevertheless,  resolved  to  discharge  the 
bills,  which  became  due  last  year,  to  the  amount  of  one 
million  of  livres  ;  and  it  is  probable  his  Majesty  will  be 
able  to  provide  funds  to  the  amount  of  three  millions  for 
the  discharge  of  those,  which  will  become  due  in  the  course 
of  the  present  year. 

The  King's  Ministers  have  also  procured  for  Dr  Franklin, 
whose  zeal,  wisdom  and   patriotism,   deserve  their  utmost 


460  LUZERNE 

confidence,  the  sums  necessary  for  the  purchase  he  is 
ordered  to  make.  These  expenses,  joined  to  those  occa 
sioned  by  sending  a  fleet  and  army  to  this  continent,  far 
exceed  what  Congress  had  a  right  to  expect  from  the 
friendship  of  their  ally,  and  the  Chevalier  de  la  Luzerne  is 
persuaded,  that  from  this  moment  Congress  will  abstain 
from  that  ruinous  measure  of  drawing  bills  of  exchange 
without  the  previous  knowledge  and  consent  of  his  Ma 
jesty's  Ministers.  And  as  their  attention  is  employed  in 
what  may  be  most  for  the  convenience  of  the  United  States, 
they  propose  that  Congress  should  furnish  the  fleet  and 
army  of  his  Majesty,  which  are  in  this  country,  with  the 
necessary  provisions,  and  receive  in  payment  bills  on  the 
treasury  of  France,  which  will  be  punctually  discharged. 

As  to  the  manner  in  which  this  arrangement  may  be 
made,  the  Minister  will  have  the  honor  of  entering  into  a 
minute  discussion  with  a  committee,  which  he  begs  Con 
gress  would  be  pleased  to  appoint  to  confer  with  him  on 
the  subject.* 

LUZERNE. 

TO     GEORGE    WASHINGTON, 

Translation. 

Philadelphia,  March  27th,  1781. 
Sir, 

I  have  the  honor  to  send  to  your  Excellency  an 
open  packet  for  the  Count  de  Rochambeau.  You  will 
there  find  the  copy  of  a  letter  to  me  from  M. 
Destouches.  I  lament  the  ill  success  of  an  expedition, 

*  The  above  was  referred  to  a  committee  of  six,  namely,  Mr  Jones, 
Mr  S.  Adams,  Mr  Burke,  Mr  M'Kean,  Mr  Madison,  and  Mr  Hanson 


DIPLOMATIC  CORRESPONDENCE  451 

which,  if  it  had  succeeded,  would  have  been  doubly 
agreeable  to  us  by  its  utility  to  our  allies,  and  by  the 
honor  it  would  have  reflected  upon  the  arms  of  the 
King.  As  to  the  rest,  it  appears  that  our  commanders 
have  fulfilled  this  latter  point,  and  all  the  world  is 
satisfied,  that,  having  a  superior  force  to  contend 
against,  the  manner  of  the  contest  has  been  highly 
honorable  to  them. 

I  wait  for  happier  events,  Sir,  from  the  campaign, 
which  is  now  about  to  open,  and  I  doubt  not  the 
Count  de  Rochambeau  has  giv^n  you  in  detail  the 
news,  which  he  has  received  from  France. 

I  have  the  honor  to  be,  &c. 

LUZERNE. 


GEORGE    WASHINGTON    TO    M.    DE    LA    LUZERNE. 

Head  Quarters,  New  Windsor,  March  31st,  1781 . 

Sir, 

1  was  last  evening  honored  with  your  Excellency's 
favor  of  the  27th,  covering  an  open  letter  for  the 
Count  de  Rochambeau,  by  which  you  have  been  so 
good  as  to  make  me  the  earliest  communication  of  the 
action  on  the  16th,  between  the  French  and  British 
fleets  off  the  Capes  of  the  Chesapeake.  By  the  enclosed 
you  will  be  informed  of  the  return  of  the  former  into 
the  harbor  of  Newport. 

I  must  confess  to  your  Excellency,  that  I  was  never 
sanguine  as  to  the  success  of  that  expedition,  after  the 
sailing  of  the  two  fleets  so  nearly  together,  knowing  it 
would  turn  in  great  measure  upon  the  arrival  of  M. 
Destouches  in  the  Chesapeake  before  Mr  Arbuthnot; 
a  circumstance  of  the  utmost  uncertainty,  not  depend- 


462  LUZERNE. 

ing  upon  the  skill  or  valor  of  the  commanding  officer, 
but  upon  winds  and  weather.  And  I  assure  you  I 
more  sensibly  feel  the  anxiety  expressed  by  the  Baron 
Viomenil  and  the  Chevalier  Destouches,  lest  anything 
should  be  attributed  to  the  want  of  execution  on  their 
parts,  than  I  do  the  disappointment  in  the  plan,  which 
we  had  in  contemplation.  But  certain  I  am,  that 
instead  of  sentiments  of  so  ungenerous  a  nature,  there 
will  be  a  universal  admiration  of  the  good  conduct  and 
bravery  exhibited  by  the  officers  and  men  of  his  Most 
Christian  Majesty's  squadron,  when  opposed  to  one  of 
superior  force. 

I  have  the  honor  to  be,  with  the  greatest  respect  and 
warmest  personal  attachment,  &c. 

GEORGE  WASHINGTON. 


TO     GEORGE     WASHINGTON. 

Translation. 

Philadelphia,  May  7th,  1781 
Sir, 

I  have  the  honor  to  send  you  the  copy  of  a  letter, 
which  I  write  to  the  Chevalier  Destouches.  I  pray 
you  to  be  persuaded,  that  I  do  not  take  upon  me  to 
propose  an  expedition  to  that  commander,  except  at 
the  pressing  entreaties  of  the  invaded  States.  But  if  it 
should  be  found  at  variance  with  the  plans  of  the  cam 
paign,  which  you  have  formed,  I  beg  you  to  withdraw 
my  letter  to  M.  Destouches,  and  the  packet  addressed 
to  the  Count  de  Rochambeau,  from  the  express,  who 
will  deliver  this  to  you,  and  to  send  them  back  to  me 
by  the  first  safe  opportunity. 

I  am,  with  respectful  attachment,  &c. 

LUZERNE. 


DIPLOMATIC  CORRESPONDENCE.  45$ 

TO    M.    DESTOUCHES. 

Translation. 

Philadelphia,  May  7th,  1781. 

Sir, 

The  accounts  from  Virginia  and  the  other  southern 
States  leave  no  doubt  but  the  English  are  resolved  to 
attack  them  in  very  superior  forces.  They  are  already 
in  a  condition  to  command  them  by  the  advantage, 
which  they  have  of  transporting  themselves  by  the  sea 
and  by  all  the  rivers,  as  it  suits  them.  Virginia,  one 
of  the  most  powerful  States  in  the  Union,  finds  herself 
by  these  means  reduced  to  a  state  of  inaction,  and  as 
the  Bay  of  Chesapeake  is  entirely  in  the  possession  of 
the  enemy,  it  is  to  be  feared  that  Maryland  will  find 
herself  shortly  in  the  same  condition  and  in  the  same 
danger.  It  is  manifest,  that  the  plan  of  the  English  is 
to  harass  and  desolate  them  without  intermission,  to 
inspire  part  of  the  inhabitants  with  a  desire  of  seeing 
an  end  of  the  quarrel,  and  when  they  think  their 
weariness  and  their  calamities  are  at  the  height,  to 
make  them  propositions  advantageous  enough  to  with 
draw  them  from  the  Confederation. 

Although  these  States  are  firmly  attached  to  their 
independence,  it  has  in  the  meantime  become  very 
important  to  make  them  participate  as  much  as  it  is 
possible  in  the  assistance,  which  his  Majesty  has 
granted  to  his  allies,  and  I  can  assure  you,  Sir,  that  you 
cannot  in  present  circumstances  render  them  a  greater 
service,  than  by  entering  the  Bay  of  Chesapeake,  and 
endeavoring  to  establish  yourself  there. 

Many  other  political  considerations,  into  the  details 


464  LUZERNE. 

of  which  I  shall  not  enter,  press  that  measure,  and  if 
it  be  possible  for  you  to  carry  it  into  execution,  I  have 
reason  to  believe  that  you  will  entirely  disconcert  the 
enemy's  plans  against  Virginia  and  Maryland,  and  when 
you  shall  have  given  to  those  two  States  the  liberty 
of  exerting  themselves,  you  will  contribute  very  much 
at  the  same  time  to  the  relief  of  the  more  southern,  by 
the  assistance  which  they  will  be  capable  of  affording. 
Your  position  in  the  Bay  of  Chesapeake  will  restrain 
also  their  communication  between  New  York  and 
Charleston,  and  perhaps  prevent  other  events,  which 
may  be  yet  more  grievous  to  the  invaded  States. 

In  giving,  Sir,  my  opinion  upon  the  utility  of  the 
movement,  I  avow  to  you  that  I  am  totally  incapable 
of  forming  one  as  to  the  possibility  of  carrying  it  into 
execution.  I  have  had  the  honor  of  transmitting  to 
you  from  time  to  time  the  details  and  plans,  which  can 
enable  you  to  form  a  judgment.  M.  de  Tilly  having 
been  better  situated  during  his  stay  in  Hampton  Roads 
to  make  the  necessary  observations,  you  can  decide 
by  them.  I  pray  you  also  to  regard  my  entreaties, 
although  pressing  as  the  circumstances  render  them, 
as  entirely  subordinate  to  the  instructions,  which  you 
may  have  received  from  the  Court. 

I  do  not  propose  to  you  to  change  your  position, 
only  upon  a  supposition  that  you  have  no  orders  to  the 
contrary,  and  that  you  have  received  no  other  desti 
nation. 

As  to  the  measures  you  are  in  this  case  to  expect 
from  the  States,  which  you  will  go  to  assist,  I  beg  you 
to  assure  yourself,  Sir,  that  they  will  spare  nothing  to 
satisfy  you,  and  if  an  assemblage  of  land  forces  is 


DIPLOMATIC   CORRESPONDENCE.  455 

judged  necessary,  as  I  presume   it   will   be,  they  will 
send  their  instructions  in  consequence  of  it  to  the  offi 
cers  who  command  them. 
I  have  the  honor  to  he,  &c. 

LUZERNE. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  May  9th,  1781. 
Sir, 

Congress  has  been  pleased,  by  a  resolution,  dated  the 
10th  of  November  last,  to  take  the  measures  suggested  by 
the  undersigned  Minister  of  France,  concerning  the  abuse 
by  the  English,  of  the  papers,  letters  of  marque,  and  com 
missions,  which  they  find  on  board  of  the  American 
vessels,  of  which  they  succeed  in  gaining  possession.  The 
Governors  of  our  Islands  observe,  that  the  precautions 
pointed  out  in  the  resolution  of  Congress  are  insufficient, 
unless,  independently  of  the  vessels  and  ships  of  war,  they 
extend  to  merchant  vessels,  and,  in  general,  to  all  ships 
sailing  from  this  continent.  The  similarity  of  language 
enables  the  English  to  gain  admission  into  our  Islands 
with  great  facility,  by  means  of  intercepted  papers,  and  to 
send  their  spies  and  emissaries  into  the  very  middle  of  our 
ports,  where  their  presence  may  be  most  dangerous. 

The  said  Governors  remark,  that  the  greater  part  of  the 
vessels,  which  arrive  at  the  Islands,  do  not  conform  to  the 
resolutions  of  Congress ;  and,  although  they  carry  letters 
of  marque,  yet  they  do  not  take  the  precautions  required 
by  them.  The  undersigned  requests,  that  this  Assembly 
would  be  pleased  to  consider  these  observations,  and  to 
VOL.  x,  59 


466  LUZERNE. 

adopt,  on  this  subject,  such  measures  as  shall  seem  best 
adapted  to  prevent  the  abuses  in  question. 

The  commanding  officer  of  St  Domingo  is  also  desirous, 
that  Congress  should  be  informed  that  the  commanders  of 
the  American  frigates  have,  while  stationed  at  the  Cape, 
given  strong  proofs  of  zeal  for  the  common  cause,  whether 
in  cruising  against  the  enemy,  or  in  convoying,  at  their 
departure,  merchant  vessels  sailing  from  that  Colony. 

LUZERNE. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  May  22d,  1781. 

Sir, 

I  have  the  honor  of  sending  you  a  copy  of  a  letter  from 
the  King,  in  answer  to  that  written  to  him  from  Congress, 
on  the  22d  of  November  last.  I  shall  have  the  honor  of 
sending  you  the  original  this  evening. 

My  despatches  contain  several  important  subjects,  which 
I  shall  hasten  to  communicate  to  Congress,  as  soon  as  they 
shall  be  wholly  decyphered. 

I  have  the  honor  to  be,  &tc. 

LUZERNE. 

THE    KING    OF    FRANCE    TO    CONGRESS. 

To  our  Very  Dear  Great  Friends  and  Allies,  the  Presi 
dent  and  Members  of  the  General  Congress  of  the  United 
States  of  North  America. 

Very  Dear  Great  Friends  and  Allies, 
We  have  received  your  letter  of  the  22d  of  November 
last,  which  Dr  Franklin  was  ordered  to  place  in  our  hands. 


DIPLOMATIC  CORRESPONDENCE.  46? 

We  have  seen  with  pain,  the  picture  of  the  embarrassment 
of  your  finances,  and  we  have  been  so  much  touched  by 
it,  that  we  have  resolved  to  assist  you  as  much  as  our  own 
necessities,  and  the  extraordinary  and  very  great  expenses 
required  on  our  part  by  the  war,  which  we  are  carrying 
on  for  your  defence,  will  permit.  We  have  ordered  the 
Chevalier  de  la  Luzerne  to  -acquaint  you  more  particularly 
with  our  intentions.  We  are  already  convinced,  that  the 
details  into  which  he  shall  enter,  will  induce  you  to  make 
the  greatest  efforts  to  second  our  own,  and  that  you  will 
be  more  and  more  convinced  by  them,  that  we  take  the 
most  sincere  interest  in  the  cause  of  the  United  States,  and 
that  we  are  employing  every  means  in  our  power  to  ensure 
their  final  triumph.  You  may  rely  upon  our  perseverance 
in  the  principles,  which  have  hitherto  directed  our  con 
duct  ;  it  is  exerted  upon  all  occasions  ;  as  well  as  upon 
the  sincere  affection,  which  we  entertain  for  the  United 
States  in  general,  and  for  each  one  of  them  in  particular. 

We   pray  God,  very   dear  great   Friends  and  Allies,  to 
keep  you  in  his  holy  protection. 

Written  at  Versailles,  this  10th  of  March,  1781. 
Your  good  friend  and  ally, 

LOUIS. 


GEORGE  WASHINGTON  TO  M.  DE  LA  LUZERNE. 

Weathersfield,  May  23d,  1781. 
Sir, 

The  letter,  which  I  have  the  honor  to  enclose  from  the 
Count  de  Rochambeau,  will,  1  imagine,  inform  your  Ex 
cellency  of  the  intended  march  of  the  French  army 


468  LUZERNE. 

towards  the  North  River,  and  of  the  destination  of  the 
King's  squadron  now  in  the  harbor  of  Newport,  if  circum 
stances  will  admit  of  the  respective  movements.  I  should 
be  wanting  in  respect  and  confidence,  were  I  not  to  add, 
that  our  object  is  New  York. 

The  season,  the  difficulty  and  expense  of  land  transpor 
tation,  and  the  continual  waste  of  men  in  every  attempt  to 
reinforce  the  Southern  States,  are  almost  insuperable  ob 
jections  to  marching  another  detachment  from  the  army 
on  the  North  River  ;  nor  do  I  see  how  it  is  possible  to 
give  effectual  support  to  those  States,  and  avert  the  evils 
which  threaten  them,  while  we  are  inferior  in  naval  force 
in  these  seas.  It  is  not  for  me  to  know  in  what  manner 
the  fleet  of  his  Most  Christian  Majesty  is  to  be  employed 
in  the  West  Indies  this  summer,  or  to  inquire  at  what 
epoch  it  may  be  expected  on  this  coast ;  but  the  appear 
ance  and  aid  of  it  in  this  quarter  are  of  such  essential  im 
portance  in  any  offensive  operation,  and  so  necessary  to 
stop  the  progress  of  the  enemy's  arms,  that  ]  shall  be  ex 
cused,  I  am  persuaded,  for  endeavoring  to  engage  your 
Excellency's  good  offices  in  facilitating  an  event  on  which 
so  much  depends.  For  this  I  have  a  stronger  plea,  when 
I  assure  you  that  General  Rochambeau's  opinion  and 
wishes  concur  with  mine,  and  that  it  is  at  his  instance 
principally  that  1  make  you  this  address. 

If  we  are  happy  enough  to  find  your  Excellency  in  sen 
timent  with  us,  it  will  be  in  your  power  to  inform  the 
Count  de  Grasse  of  the  strength  and  situation  of  the 
enemy's  naval  and  land  force  in  this  country ;  the  destina 
tion  of  the  French  squadron  under  Admiral  Barras  and  the 
intention  of  the  allied  arms,  if  a  junction  can  be  formed. 
At  present,  the  British  fleet  lies  within  Block  Island,  and 
about  five  leagues  from  Point  Judith. 


DIPLOMATIC  CORRESPONDENCE.  459 

The  Count  de  Rochambeau  and  the  Chevalier  Chastel- 
lux  agree  perfectly  in  sentiment  with  me,  that,  while  affairs 
remain  as  they  now  are,  the  West  India  fleet  should  run 
immediately  to  Sandy  Hook,  if  there  are  no  concerted 
operations,  where  they  may  be  met,  with  all  the  informa 
tion  requisite,  and  where,  most  likely,  it  will  shut  in,  or  cut 
off  Admiral  Arbuthnot,  and  may  be  joined  by  the  Count 
de  Barras.  An  early  and  frequent  communication  from 
the  Count  de  Grasse  would  lead  to  preparatory  measures 
on  our  part,  and  be  a  means  of  facilitating  the  operation 
in  hand,  or  any  other  which  may  be  thought  more 
advisable. 

I  know  your  Excellency's  goodness,  and  your  zeal  for 
the  common  cause  too  well,  to  offer  anything  more  as  an 
apology  for  this  liberty  ;  and  I  persuade  myself  it  is  un 
necessary  for  me  to  declare  the  respect  and  attachment, 
with  which  I  have  the  honor  to  be,  &tc. 

GEORGE  WASHINGTON. 


TO    THE     PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  May  25th,  1781. 
Sir, 

The  undersigned  Minister  Plenipotentiary  of  France  has 
the  honor  of  informing  Congress,  that  it  has  been  found 
impossible  to  send  the  second  division  of  the  troops  under 
the  command  of  Count  de  Rochambeau,  and  of  the 
French  squadron  designed  for  the  defence  of  the  coasts  of 
the  Thirteen  States,  and  that  it  can  no  longer  be  expected 


470  LUZERNE. 

during  the  course  of  this  campaign.  The  necessary 
measures  have,  however,  been  taken  for  increasing  the 
body  of  troops  now  at  Rhode  Island,  and,  by  sending  some 
vessels  of  force,  for  putting  the  squadron  into  a  condition 
to  enter  again  upon  active  service. 

The  undersigned  requests  Congress  to  be  pleased  to 
appoint  a  committee,  to  whom  he  will  communicate  the 
causes  which  have  occasioned  this  change  j  and  Congress 
will  find  in  them  new  proofs  of  the  wisdom  of  the  motives, 
which  direct  the  conduct  of  his  Majesty.  But  if  consider 
ations  of  the  greatest  importance  deprive  him  of  the  satis 
faction  of  assisting  the  Thirteen  United  States  in  their  own 
country,  by  sending  a  number  of  vessels  and  of  auxiliaries, 
as  considerable  as  he  had  proposed,  he  will  make  no  less 
vigorous  efforts  against  the  enemy ;  and  he  hopes  that 
these  powerful  diversions  will  prevent  the  enemy  from 
forming  any  enterprise,  to  which  the  resources  and  the 
courage  of  the  Thirteen  States  shall  be  unequal. 

The  King  has,  at  the  same  time,  resolved  to  give  a  new 
proof  of  his  affection  and  of  his  earnest  desire  to  afford  a 
remedy  for  the  difficulties,  which  they  experience  in  pro 
curing  the  funds  necessary  for  acting  with  vigbt  and  effect 
during  the  present  campaign.  With  this  view,  the  King, 
notwithstanding  the  immense  expense  at  which  he  is 
obliged  to  support  the  war  in  which  he  is  engaged,  has  re 
solved  to  dispose  of  a  considerable  fund,  which  shall  be 
appropriated  to  the  purchase  of  clothing,  arms,  and  stores, 
for  which  Dr  Franklin  has  been  instructed  to  ask.  The 
Count  de  Vergennes  will  concert  measures  on  this  subject 
with  the  Minister  Plenipotentiary  of  the  United  States,  Dr. 
Franklin ;  and  M.  Necker  proposes  to  take  the  proper 
precautions,  in  order  that  the  merchandise  may  be  of  a 


DIPLOMATIC  CORRESPONDENCE.  471 

good   and  sound   quality,  and   at  a   price   answering  to  its 
exact  value. 

The  subsidy  which  the  King  has  resolved  to  grant  to  the 
Thirteen  United  States  amounts  to  six  millions  of  livres 
tournois,  independent  of  the  four  millions,  which  the  Min 
istry  have  enabled  Dr  Franklin  to  borrow  for  the  service  of 
the  current  year.  It  is  presumed,  that  this  sum  of  six 
millions  will  not  be  wholly  applied  to  the  purchase  of  the 
articles  asked  for ;  and  in  that  case,  it  is  his  Majesty's 
intention  that  the  surplus  should  be  reserved,  that  it  may 
be  at  the  disposal  of  Congress,  or  of  the  Superintendent  of 
the  finances  of  the  Thirteen  States,  if  they  think  proper  to 
confide  the  management  of  it  to  him.  It  has  not  been  pos 
sible  for  the  Court,  by  reason  of  the  speedy  departure  of 
the  vessel  which  brought  this  intelligence  to  the  undersigned 
Minister,  to  determine  what  will  be  the  amount  of  the  sums 
of  money  remaining  after  the  purchase  of  the  above  men 
tioned  articles,  but  lest  there  should  seem  to  be  any  delay 
in  supplying  the  wants  of  the  Thirteen  States,  the  Cheva 
lier  de  la  Luzerne  takes  it  upon  himself,  without  waiting 
for  any  further  orders,  to  fix  the  amount  of  these  sums  at 
fifteen  hundred  thousand  livres  tournois,  and  if  Congress, 
in  fact,  think  that  they  shall  need  this  whole  sum,  he  will 
without  delay  inform  his  Court  of  it,  in  order  that  the  ne 
cessary  measures  may  be  taken  for  discharging  the  bills  of 
exchange,  which  shall  consequently  be  drawn.  As  it  is  the 
intention  of  the  King,  that  the  greatest  regularity  shall  take 
place  in  the  payments,  it  will  be  well  for  the  undersigned 
to  agree  with  Congress,  or  with  the  Superintendent  of 
Finance,  and  fix  upon  the  times  at  which  these  bills  shall 
be  negotiated,  and  upon  those  at  which  they  shall  be  pay 
able.  It  is  necessary  that  these  times  of  payment  should 


472  LUZERNE. 

be  at  sufficient  distances  from  each  other,  so  that  the 
department  of  finance  may  not  be  obliged  to  pay  consid 
erable  sums  in  too  short  intervals  of  time. 

The  intention  of  the  King,  in  granting  to  the  Thirteen 
States  this  purely  gratuitous  subsidy,  is  to  put  them  in  a 
condition  to  act  vigorously  during  this  campaign ;  and  his 
Majesty  is  desirous  that  Congress  would  be  pleased  to  give 
the  necessary  orders,  that  it  may  be  entirely  applied  to  this 
important  object,  which  admits  of  no  delay.  The  com 
munications,  which  the  undersigned  is  instructed  to  make 
to  Congress,  will  convince  that  body  of  the  necessity  of 
losing  no  time. 

LUZERNE. 


TO    THE     PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  May  26th,  1781. 
Sir, 

The  underwritten,  Minister  Plenipotentiary  of  France, 
has  received  orders  to  communicate  to  Congress  some 
important  details  touching  the  present  situation  of  sundry 
affairs,  in  which  the  United  States  are  immediately  inter 
ested.  The  most  essential  are  in  regard  to  some  over 
tures,  which  announce  on  the  part  of  Great  Britain  a  desire 
of  peace.  The  Empress  of  Russia  having  invited  the  King 
and  the  Court  of  London  to  accept  her  mediation,  the 
latter  Court  considered  this  as  a  formal  offer  and  accepted 
it.  This  Court  appeared  at  the  same  time  to  desire  the 
Emperor  of  Austria  to  take  part  therein ;  and  this 
Monarch  has  in  fact  proposed  his  co-mediation  to  the 
belligerent  powers  in  Europe. 


DIPLOMATIC  CORRESPONDENCE.  473 

The  King  could  not  but  congratulate  himself  on  seeing 
so  important  a  negotiation  in  the  hands  of  two  mediators, 
whose  understanding  and  justice  are  equal.  Neverthe 
less,  his  Majesty,  actuated  by  his  affections  for  the  United 
States,  returned  for  answer,  that  it  was  not  in  his  power 
to  accept  the  offers  made  to  him,  and  that  the  consent  of 
his  allies  was  necessary.  The  King  wishes  to  have  this 
consent  before  he  formally  accepts  the  proposed  mediation. 
But  it  is  possible  that  circumstances  joined  to  the  confi 
dence  he  has  in  the  mediators,  and  the  justice  of  his  cause, 
and  that  of  the  United  States,  his  allies,  may  determine  him 
to  enter  upon  a  negotiation  before  the  answer  of  Congress 
can  reach  him; 

But  in  either  case,  it  is  of  great  importance,  that  this 
Assembly  should  give  their  Plenipotentiary  instructions 
proper  to  announce  their  disposition  to  peace,  and  their 
moderation,  and  to  convince  the  powers  of  Europe,  that 
the  independence  of  the  Thirteen  United  States,  and  the 
engagements  they  have  contracted  with  the  King,  are  the 
sole  motives,  which  determine  them  to  continue  the  war; 
and  that  whenever  they  shall  have  full  and  satisfactory 
assurances  on  these  two  capital  points,  they  will  be  ready 
to  conclude  a  peace.  The  manner  of  conducting  the  ne 
gotiation,  the  extent  of  the  powers  of  the  American  Pleni 
potentiary,  the  use  to  be  made  of  them,  and  the  confidence 
that  ought  to  be  reposed  in  the  French  Plenipotentiaries 
and  the  King's  Ministers,  are  points,  which  should  be  fully 
discussed  with  a  committee. 

And  the  underwritten   Minister  entreats,  that  Congress 

would  be  pleased  to  name  a  committee  with  whom  he  will 

have  the  honor  to  treat.     He   thinks  that  this  Assembly 

will  be  sensible,  that  the  King  could   not  give  a  greater 

VOL,  x.  60 


474  LUZERNE. 

mark  of  his  affection  for  the  Thirteen  United  States,  or  of 
his  attachment  to  the  principles  of  the  alliance,  than  by 
determining  not  to  enter  upon  a  negotiation  before  they 
were  ready  to  take  part  therein,  although  in  other  respects, 
his  confidence  in  the  mediators,  and  the  relation  he  stands 
in  to  one  of  them,  were  sufficient  motives  to  induce  him 
to  accept  their  offers.  Congress  are  too  sensible  of  the 
uncertainty  of  negotiations  of  this  sort  not  to  know,  that 
the  moment  of  opening  them  is  that  precisely  when  the 
efforts  against  the  enemy  ought  to  be  redoubled  ;  and  that 
nothing  can  facilitate  the  operation  of  the  negotiators 
so  much  as  the  success  of  the  arms  of  the  allies ;  that 
a  check  would  be  productive  of  disagreeable  consequences 
to  both,  and  that  the  enemy  would  rise  in  their  pretensions, 
their  haughtiness,  and  obstinacy,  in  proportion  to  the  lan 
guor  and  slackness  of  the  confederates. 

The  undersigned  will  have  the  honor  to  communicate 
to  the  committee  some  circumstances  relative  to  the  send 
ing  Mr  Cumberland  to  Madrid  ;  to  the  use,  which  Mi- 
Adams  thought  he  was  authorised  to  make  of  his  Plenipo 
tentiary  powers  ;  to  the  mission  of  Mr  Dana ;  to  the  asso 
ciation  of  the  neutral  powers ;  and  to  the  present  state  of 
affairs  in  the  south.  Congress  will  find  new  motives  for 
relying  on  the  good  will  of  the  King,  and  on  the  interest  he 
takes  in  favor  of  the  United  States  in  general,  and  of  each 
one  of  them  in  particular. 

LUZERNE. 


DIPLOMATIC  CORRESPONDENCE.  475 


REPORT    OF  A  CONFERENCE  WITH  THE  FRENCH   MINISTER. 

In  Congress,  May  28th,  1781. 

The  committee  appointed  to  confer  with  the  Minister  of 
Prance,  report, 

That  the  Minister  communicated  some  parts  of  a 
despatch,  which  he  had  received  from  the  Count  de  Ver- 
gennes,  dated  the  9th  of  March,  1781.  That  the  resolves 
of  Congress,  which  had  been  adopted  on  the  association  of 
the  neutral  powers,  were  found  very  wise  by  the  Council 
of  the  King,  and  that  it  was  thought  they  might  be  of 
service  in  the  course  of  the  negotiation.  The  French 
Ministry  did  not  doubt  but  they  would  be  very  agreeable  to 
the  Empress  of  Russia.  But  they  were  not  of  the  same 
opinion  with  respect  10  the  appointment  of  Mr  Dana,  as  a 
Minister  to  the  Court  of  Petersburg.  The  reason  is,  that 
Catharine  the  Second  has  made  it  a  point  until  now  to 
profess  the  greatest  impartiality  between  the  belligerent 
powers.  The  conduct  she  pursues  on  this  occasion  is  a 
consequence  of  the  expectation  she  has,  that  peace  maybe 
re-established  by  her  mediation  ;  therefore,  she  could  by 
no  means  take  any  step,  which  might  show  on  her  side  the 
least  propension  in  favor  of  the  Americans,  and  expose  her 
to  the  suspicion  of  partiality  towards  America,  and  of  course 
exclude  her  from  the  mediation.  The  appointment  of  Mr 
Dana,  therefore,  appears  to  he  at  least  premature,  and  the 
opinion  of  the  Council  is.  that  this  deputy  ought  not  to 
make  any  use  of  his  powers  :;t  this  moment.  In  case  he 
applies  to  the  Count  de  Vergennes  for  advice,  he  shall  be 
desired  to  delay  making  any  use  of  his  powers.  The 
Count  observes,  it  would  be  disagreeable  to  Congress  that 
their  Plenipotentiary  should  meet  with  a  refusal,  that  their 


476  LU2ERNE 

dignity  would  be  offended,  and  that  sach  a  satisfaction 
ought  not  to  be  given  to  the  Court  of  London,  especially 
when  negotiations  of  a  greater  moment  are  about  to  com 
mence.  However,  the  French  Minister  had  orders  to 
assure  the  committee,  that  his  Court  would  use  all  their 
endeavors  in  proper  lime,  to  facilitate  the  admissions  of  the 
Plenipotentiary  of  Congress. 

The  Minister  communicated  to  the  committee  several 
observations  respecting  the  conduct  of  Mr  Adams;  and  in 
doing  justice  to  his  patriotic  character,  he  gave  notice  to 
the  committee,  of  several  circumstances,  which  proved  it 
necessary  that  Congress  should  draw  a  line  of  conduct  to 
that  Minister,  of  which  he  might  not  be  allowed  to  lose 
sight.  The  Minister  dwelt  especially  on  a  circumstance 
already  known  to  Congress,  namely,  the  use  'which  Mr 
Adams  thought  he  had  a  right  to  make  of  his  powers  to 
treat  with  Great  Britain.  The  Minister  concluded  on  this 
subject,  that  if  Congress  put  any  confidence  in  the  King's 
friendship  and  benevolence ;  if  they  were  persuaded  of  his 
inviolable  attachment  to  the  principle  of  the  alliance,  and 
of  his  firm  resolution  constantly  to  support  the  cause  of  the 
United  States,  they  would  be  impressed  with  the  necessity 
of  prescribing  to  their  Plenipotentiary  a  perfect  and  open 
confidence  in  the  French  Ministers,  and  a  thorough  reliance 
on  the  King,  and  would  direct  him  to  take  no  step  without 
the  approbation  of  his  Majesty  ;  and  after  giving  him,  in  his 
instructions,  the  principal  and  most  important  outlines  for 
his  conduct,  they  would  order  him,  with  respect  to  the 
manner  of  carrying'  them  into  execution,  to  receive  his 
directions  from  the  Count  de  Vergennes,  or  from  the  per 
son  who  might  be  charged  with  the  negotiation  in  the  name 
of  the  King. 


DIPLOMATIC  CORRESPONDENCE.  477 

The  Minister  observed,  that  this  matter  is  the  more 
important,  because,  being  allied  with  the  United  States,  it 
is  the  business  of  the  King  to  support  their  cause  with  those 
powers  with  whom  Congress  have  no  connexion,  and  can 
have  none,  until  their  independence  is  in  a  fair  train  to  be 
acknowledged.  That  the  King  would  make  it  a  point  of 
prudence  and  justice  to  support  the  Minister  of  Congress  ; 
but  in  case  this  Minister,  by  aiming  at  impossible  things, 
forming  exorbitant  demands,  which  disinterested  medi 
ators  might  think  ill-founded,  or  perhaps  by  misconstruing 
his  instructions,  should  put  the  French  negotiators  under 
the  necessity  of  proceeding  in  the  course  of  the  negotiation 
without  a  constant  connexion  with  him,  this  would  give  rise 
to  an  unbecoming  contradiction  between  France  and  the 
Thirteen  United  States,  which  could  not  but  be  of  very 
bad  effect  in  the  course  of  the  negotiation. 

In  making  these  observations,  the  Minister  remarked, 
that  it  was  always  to  be  taken  for  granted,  that  the  most 
perfect  independency  is  to  be  the  foundation  of  the  instruc 
tions' to  be  given  to  Mr  Adams,  and  that  without  this  there 
would  be  no  treaty  at  all.  The  Count  de  Vergennes 
observes,  that  it  is  of  great  importance  that  the  instructions 
aforesaid  be  given  as  soon  as  possible  to  Mr  Adams.  And 
the  Minister  desired  the  committee  to  press  Congress  to 
have  this  done  with  all  possible  despatch. 

He  communicated  to  the  committee  the  following  partic 
ulars,  as  a  proof  that  this  matter  admits  of  no  delay,  and 
that  it  is  probable  the  negotiation  will  very  soon  be  opened. 
He  told  the  committee  that  the  English  Ministry,  in  the 
false  supposition  that  they  might  prevail  on  the  Court  of 
Madrid  to  sign  a  separate  peace,  had  begun  a  secret  nego 
tiation  with  that  Courf,  by  the  means  of  Mr  Cumberland, 


478  LUZERNE. 

but  without  any  success.  That  the  Court  of  Spain  had 
constantly  founded  her  answer  on  her  engagements 
with  his  Most  Christian  Majesty.  That  on  the  other 
side,  the  King  of  France  had  declared  to  the  King,  his 
cousin,  that  the  independence  of  the  United  States, 
either  in  fact,  or  acknowledged  by  a  solemn  treaty, 
should  be  the  only  foundation  of  the  negotiations  of 
the  Court  of  France  with  that  of  London.  That  the 
British  Court  not  seeming  to  be  disposed  to  grant  the 
independency,  it  appeared  the  negotiation  of  Mr  Cum 
berland  was  superfluous.  However,  this  English 
emissary  continued,  and  still  continues,  his  residence 
at  Madrid,  although  he  cannot  have  any  expectation  of 
obtaining  the  object  of  his  commission.  That  this 
direct  negotiation  was  known  to  all  Europe,  and  that 
it  seemed  to  render  every  mediation  useless.  That, 
however,  the  Empress  of  Russia,  excited  by  motives 
of  friendship  to  the  belligerent  powers,  and  in  conse 
quence  of  the  share,  which  the  association  of  the  neutral 
powers  had  given  her  in  the  general  emergency,  has 
invited  the  king  of  France  and  the  Court  of  London  to 
require  her  mediation.  That  the  Court  of  London  has 
accepted  the  invitation  with  a  kind  of  eagerness,  and 
at  the  same  time  desired  the  Emperor  of  Germany  to 
take  a  part  in  it.  That  the  answer  of  the  King  of 
France  to  the  overtures  of  the  Court  of  Petersburg 
was,  that  he  should  be  glad  to  restore  peace  by  the 
mediation  of  Catharine,  but  that  it  was  not  in  his  power 
immediately  to  accept  her  offers,  as  he  had  allies 
whose  consent  was  necessary  for  that  purpose. 

To    the  same    application   made    by   the   Court   of 
Petersburg  to  that  of  Madrid,  this  Court  answered,  that 


DIPLOMATIC  CORRESPONDENCE.  479 

having  entered  into  a  direct  negotiation  with  the  Court 
of  London,  by  the  means  of  Mr  Cumberland,  it 
thought  proper  to  wait  the  issue  of  it  before  it  had 
recourse  to  a  mediation.  The  Emperor,  as  has  already 
been  observed,  having  been  desired  by  the  Court  of 
London  to  take  part  in  the  mediation,  immediately 
informed  the  King  of  France,  as  well  as  his  Catholic 
Majesty,  of  this  circumstance,  offering  his  co-mediation 
to  both  the  allied  Monarchs.  To  this,  the  King  of 
France  gave  the  same  answer,  which  he  had  given  to 
the  Empress  of  Russia.  As  to  the  King  of  Spain,  he 
again  expressed  his  surprise  at  the  English  Ministry's 
requesting  a  mediation,  after  having  entered  into  a 
direct  negotiation  ;  and  he  declared,  that  unless  this 
negotiation  should  be  broken  off  by  the  English  them 
selves,  it  would  be  impossible  for  him  to  listen  to  a 
mediation,  which,  in  any  other  circumstance,  would 
be  infinitely  agreeable  to  him. 

These  answers,  though  of  a  dilatory  nature,  may  be 
looked  upon  as  an  eventual  acceptation  of  the  medi 
ation.  The  Minister  observed,  that  it  will  be,  in 
effect,  difficult  to  avoid  it.  That  a  refusal  will  not  be 
consistent  with  the  dignity  of  the  two  powers,  that  had 
offered  their  interposition.  That  the  King  is  obliged, 
from  friendship  and  good  policy,  to  treat  them  with 
attention.  He  further  observed,  that  the  demands  of 
the  King  of  France  will  be  so  just  and  so  moderate, 
that  they  might  be  proposed  to  any  tribunal  whatever. 
That  the  only  reason  the  King  could  have  to  suspend 
a  formal  acceptation  is,  that,  at  the  time  the  offer  was 
made,  he  was  not  acquainted  with  the  intentions  of  his 
allies,  namely,  Spain  and  the  United  States. 


480  LUZERNE. 

The  Minister  observed  to  the  committee,  that  in  his 
opinion  this  conduct  must  afford  Congress  a  new  proof 
of  the  perseverance  of  the  King  in  the  principles  of  the 
alliance,  and  of  his  scrupulous  attention  to  observe  his 
obligations;  he  added,  that,  however,  it  is  not  without 
inconveniency,  that  this  dilatory  plan  has  been  adopted. 
The  distance  between  the  allied  powers  of  France  and 
the  United  States,  has  obliged  the  Court  of  Versailles 
to  adopt  that  plan,  though  liable  to  inconveniences,  in 
order  to  conform  to  the  engagements  made  by  the 
treaties,  to  determine  nothing  into  a  negotiation  with 
out  the  participation  of  Congress.  Besides,  several 
States  being  invaded  by  the  enemy,  the  French  Council 
thought  it  inconvenient  to  begin  a  negotiation  under 
these  unfavorable  circumstances.  And  being  in  hopes 
that  the  diversions  made  by  the  King's  arms,  will  pre 
vent  the  British  from  making  very  great  exertions 
against  the  Thirteen  United  States,  the  French  Min 
istry  expected,  that  during  the  course  of  the  present 
campaign  they  might  be  enabled  to  present  the  situa 
tion  of  their  allies  in  a  more  favorable  light  to  the 
Congress,  that  might  assemble  for  peace.  These  delays, 
however,  cannot  with  propriety  take  place  for  any 
long  time,  and  it  was  the  opinion  of  the  French  Min 
istry,  that  it  would  be  contrary  to  decency,  prudence, 
and  the  laws  of  sound  policy,  again  to  refuse  listening 
to  the  propositions  of  peace  made  by  friendly  powers  ; 
for  which  reason,  the  Chevalier  de  la  Luzerne  was 
directed  to  lay  all  these  facts  confidentially  before 
Congress. 

The  Minister  informed  the  committee,  that  it  was 
necessary,  thai  the  King  should  know  the  intentions  o 


DIPLOMATIC  CORRESPONDENCE.  431 

the  United  States  with  regard  to  the  proposed  media 
tion,  and  that  his  Majesty  should  be  authorised  by 
Congress  to  give  notice  of  their  dispositions  to  all  the 
powers,  who  would  take  part  in  the  negotiation  for  a 
pacification.  The  Minister  delivered  his  own  opinion, 
that  he  saw  no  inconveniency  arising  from  the  Con 
gress  imitating  the  example  of  the  King,  by  showing 
themselves  disposed  to  accept  peace  from  the  hands  of 
the  Emperor  of  Germany  and  the  Empress  of  Russia. 
He  added,  that  Congress  should  rely  on  the  justice  and 
wisdom  of  those  two  Sovereigns  ;  and  at  the  same 
time,  he  renewed  the  assurances,  that  his  Majesty  will 
defend  the  cause  of  the  United  States  as  zealously  as 
the  interests  of  his  own  Crown. 

He  informed  the  committee,  that  according  to  all 
accounts,  the  British  Ministry  were  removing  as  far 
as  possible,  in  this  negotiation,  every  idea  of  acknowl 
edging  the  independence  of  what  they  call  their 
Thirteen  Colonies ;  and  he  said,  that  Congress  would 
judge  by  themselves,  that  the  Court  of  London  would 
debate  with  the  greatest  energy  and  obstinacy  the 
articles  relating  to  America.  He  availed  himself  of 
this  reflection  to  impress  the  committee  with  the 
necessity  Congress  are  under,  of  securing  in  their 
favor  the  benevolence  and  good  will  of  the  mediating 
powers,  by  presenting  their  demands  with  the  greatest 
moderation  and  reserve,  save  independence,  which  will 
not  admit  of  any  modification.  He  further  observed, 
that  it  was  possible  the  difficulty  of  making  a  defini 
tive  peace  might  Engage  the  mediators  to  propose  a 
truce ;  and  that  it  was  necessary,  therefore,  to  au- 
VOL.  x.  6 1 


482  LUZERNE. 

thorise  eventually  the  Plenipotentiary  of  the  United 
States  to  declare  their  intention  thereon. 

He  further  observed,  that  whatever  might  be  the 
resolution  of  Congress,  they  would  do  well  to  recom 
mend  to  their  Plenipotentiary  to  adopt  a  line  of 
conduct,  that  would  deprive  the  British  of  every  hope 
of  causing  divisions  between  the  allies,  and  to  assume 
a  conciliating  character,  as  much  as  can  be  consistent 
with  the  dignity  of  his  constituents,  and  to  show  such 
a  confidence  in  the  Plenipotentiary  of  his  Most  Chris 
tian  Majesty,  as  is  due  to  a  power  so  much  interested 
to  support  the  dignity  and  honor  of  a  nation,  whose 
independence  they  have  acknowledged. 

The  Minister  told  the  committee,  that  whatever 
might  be  the  resolution  of  Congress,  respecting  a  peace 
or  a  truce,  it  was  necessary  to  carry  on  the  war  with 
the  utmost  vigor.  He  urged  reasons  too  well  known 
to  Congress  to  be  related. 

He  desired  the  committee  to  inform  Congress,  that 
in  case  the  offer  of  mediation  from  the  two  Imperial 
Courts  should  become  so  serious  and  so  pressing,  as 
to  oblige  the  King  to  give  a  decisive  answer,  his  Ma 
jesty  would  accept  of  it  conditionally  for  himself  and 
for  the  United  States.  The  taking  this  resolution 
would  have  no  inconvenience,  as  the  Court  of  France 
knew  no  reasons,  which  could  prevent  them  from  fol 
lowing  the  example  of  the  King,  by  trusting  their  in 
terests  in  the  hands  of  just  and  wise  mediators,  and 
the  refusal  being  liable  to  very  dangerous  consequences. 
The  Minister  concluded  the  conference  by  observing, 
that  a  great  object  was  to  secure  the  United  States 
from  the  proposition  of  uti  possidetis ;  that  the  surest 


DIPLOMATIC   CORRESPONDENCE. 


way  to  obtain  that  end  was  to  reduce  the  English  to 
confess,  that  they  are  not  able  to  conquer  them.  That 
present  circumstances  require  great  exertions  from  the 
consideration,  and  that  it  was  plain  that  every  success 
gained  by  the  army  of  Congress  would  infinitely 
facilitate  the  negotiations  of  their  Plenipotentiaries.* 


CONGRESS    TO    THE    KING    OF    FRANCE. 

The  United  States  in  Congress  assembled,  to  their  Great 
Faithful  and  Beloved  Friend  and  Ally,  Lewis  the  Six 
teenth,  King  of  France  and  Navarre. 

Great,  Faithful,  and  Beloved  Friend  and  Ally, 
We  have  received  your  Majesty's  letter  of  the  10th  of 
March.  The  measures  adopted  by  your  Majesty  in  con 
sequence  of  the  representation  made  of  the  situation  of 
our  finances,  the  repeated  testimonies  of  your  Majesty's 
unalterable  determination  to  render  the  cause  of  the  United 
States  triumphant,  and  also  the  affection,  which  your  Maj 
esty  has  been  pleased  to  express  for  the  United  States  in 
general,  and  for  each  State  in  particular,  demand  from  us 
the  strongest  sentiments  of  gratitude. 

*  June  6th.  "Resolved,  That  the  Minister  Plenipotentiary,  be  au 
thorised  and  instructed  to  concur,  in  behalf  of  these  United  States, 
with  his  Most  Christian  Majesty,  in  accepting  the  mediation  pro 
posed  by  the  Empress  of  Russia  and  the  Emperor  of  Germany  ;  but 
to  accede  to  no  treaty  of  peace,  which  shall  not  be  such,  as  may 
effectually  secure  the  independence  and  sovereignty  of  the  Thirteen 
States,  according  to  the  form  and  effect  of  the  treaties  subsisting 
between  the  said  States  and  his  Most  Christian  Majesty,  and  in 
which  the  said  treaties  shall  not  be  left  in  their  full  force  and  va 
lidity." 


484  LUZERNE. 

The  important  communications  made  by  your  Majesty's 
Plenipotentiary  have  been  considered  by  us  with  the 
greatest  attention.  The  result  of  our  deliberations  will  be 
made  known  to  your  Majesty  by  our  Minister  Plenipoten 
tiary  at  your  Court,  and  will  evince  the  entire  confidence 
we  have  in  your  Majesty's  friendship  and  perseverance  in 
the  principles,  which  have  directed  your  conduct  in  main 
taining  the  interest  of  the  United  States  to  this  time. 

We  pray  God,  that  he  will  keep  your  Majesty,  our 
great,  faithful,  and  beloved  friend  and  ally,  in  his  holy  pro 
tection. 

Done  at  Philadelphia,  the  1 3th  day  of  June,  in  the  year 
of  our  Lord,  1781,  and  in  the  fifth  year  of  our  indepen 
dence. 

By  the  United  States  in  Congress  assembled. 
Your  Faithful  Friends  and  Allies. 

SAMUEL  HUNTINGTON,  President. 
CHARLES  THOMSON,  Secretary. 


TO    GEORGE    WASHINGTON. 

Translation. 

Philadelphia,  June  1st,  1781 
Sir, 

«  I  have  received  the  letter,  which  your  Excellency  did 
me  the  honor  to  write  on  the  23d  of  the  past  month,  and 
that  of  the  Count  de  Rochambeau,  with  which  it  was 
accompanied, 

I  wait  with  extreme  impatience  the  news  of  the  arrival 
of  the  French  division  before  New  York,  and  no  one  can 
desire  more  earnestly  than  I  do  to  see  it  under  your  im- 


DIPLOMATIC  CORRESPONDENCE.  486 

mediate  command.  I  hoped  that  you  would  have  been 
this  spring  in  the  command  of  a  more  considerable  body 
of  auxiliaries.  The  causes,  which  have  hindered  the  ex 
ecution  of  that  plan,  have  been  so  urgent  and  so  decisive, 
that  I  am  sure  you  will  approve  them,  after  I  shall  have 
had  the  honor  of  making  you  acquainted  with  them.  I 
have  nevertheless  been  much  pained,  that  I  could  not  ex 
plain  to  you  this  change  of  measures,  and  my  attachment 
to  the  cause,  which  you  defend,  has  made  me  feel  as  sen 
sibly  as  any  citizen  of  America  all  the  delays,  that  could 
happen  to  the  assistance,  which  we  wish  to  give  to  the 
Thirteen  States. 

I  am  impressed  with  the  necessity  of  maintaining  a  per 
fect  confidence  with  your  Excellency  upon  these  different 
points,  and  I  shall  seize  the  first  occasion  which  presents 
itself  to  visit  your  army. 

In  the  meantime  I  shall  transmit  to  the  Count  de  Grasse 
what  your  Excellency  did  me  the  honor  to  communicate. 
Be  persuaded  that  I  shall  use  the  most  pressing  motives  to 
determine  him,  and  I  shall  do  it  with  so  much  the  more 
zeal,  as  I  feel  the  necessity  of  it.  I  shall  transmit  to  that 
General  an  extract  of  your  letter,  and  I  know  nothing  more 
likely  to  give  weight  to  the  demand,  which  I  shall  make 
of  him. 

The  King  has  charged  me,  Sir,  to  inform  Congress, 
that  he  grants  them  a  gratuitous  subsidy  to  enable  them  to 
make  the  greatest  efforts  in  the  course ^of  this  campaign. 
This  subsidy,  amounting  to  six  millions  of  livres  tournois, 
is  to  be  employed  in  the  purchase  of  arms,  ammunition, 
and  clothing,  and  it  is  the  intention  of  the  King,  that  the 
surplus  shall  be  at  the  disposal  of  Congress.  1  have  not 
been  instructed  as  to  what  will  be  the  exact  amount  of 


486  LUZERNE. 

this  surplus,  but  it  is  determined,  that  one  million  and  a 
half  shall  be  employed  by  the  Superintendent  of  Finance, 
according  to  the  directions,  which  you  shall  give  him,  after 
the  arrangements  you  shall  make  with  him  in  the  visit, 
which  he  intends  paying  you. 

I  have  informed  Congress,  and  I  intrust  it  to  your  Ex 
cellency,  that  the  Emperor  of  Austria,  and  the  Empress 
of  Russia,  have  offered  their  mediation  to  the  Court  of 
London,  who  has  accepted  it.  The  same  has  also  been 
offered  to  the  Court  of  Versailles,  and  that  of  Madrid. 
But  they  have  given  for  answer,  that  time  must  be  left  for 
Congress  to  determine,  if  it  suits  them  to  put  the  interests 
of  the  Thirteen  United  States  into  the  hands  of  the  medi 
ators.  In  any  event,  it  is  of  the  greatest  importance,  that 
the  allies  make  all  their  efforts  to  drive  the  enemy  from 
this  continent,  and  nothing  will  be  more  likely,  than  the 
success  of  the  confederate  arms,  to  make  a  successful 
negotiation. 

I  have  the  honor  to  be,  &,c. 

LUZERNE. 


GEORGE  WASHINGTON  TO  M.  DE  LA  LUZERNE. 

Head  Quarters,  New  Windsor,  } 
June  13th,  1781.  5 

Sir, 

His  Excellency  the  Count  de  Rochambeau  having  re 
quested  me  to  forward  the  despatches  herewith  transmit 
ted,  by  the  safest  possible  conveyance,  I  now  do  myself 
the  honor  to  send  them  by  a  gentleman  of  the  Quarter 
Master  General's  department. 

Having  been  made  acquainted  by  the  Count  de  Ro- 
ehambeau  with  the  designs  of  the  Count  de  Grssse,  to 


DIPLOMATIC  CORRESPONDENCE.  437 

come  to  this  coast  with  his  fleet,  I  cannot  forbear  express 
ing  to  your  Excellency  my  ardent  wishes,  that  a  body  of 
land  forces  might  also  attend  this  naval  armament ;  as  I 
am  apprehensive  such  a  decided  superiority  of  men  may 
not  be  drawn  together  by  us,  by  the  time  the  Count  de 
Grasse  will  be  here,  as  to  insure  our  success  against  the 
enemy's  most  important  posts  ;  as  his  continuance  in  these 
seas  may  be  limited  to  a  short  period,  and  as  the  addition 
of  a  respectable  corps  of  troops  from  the  West  Indies 
would,  in  all  human  probability,  terminate  the  matter  very 
soon  in  our  favor.  If  these  should  likewise  be  your  sen 
timents,  and  if  this  plan  should  not  interfere  with  the  inten 
tions  and  interests  of  bis  Most  Christian  Majesty  elsewhere, 
I  entreat  your  Excellency,  by  the  first  good  conveyance, 
to  represent  the  propriety  and  necessity  of  the  measure  to 
the  commanders  in  the  West  Indies ;  that  by  one  great 
decisive  stroke  the  enemy  may  be  expelled  from  the  con 
tinent,  and  the  independence  of  America  established  at 
the  approaching  negotiation. 

I  have  the  honor  to  be,  &LC. 

GEORGE  WASHINGTON. 


REPORT    OF  A  CONFERENCE  WITH  THE  FRENCH  MINISTER. 

In  Congress,  June  18th,  1781. 

The  committee  appointed  to  confer  with  the  Minister 
Plenipotentiary  of  France,  report, 

That  on  the  second  conference  with  the  Minister  of 
France,  he  communicated  some  parts  of  a  despatch,  dated 
the  7th  of  August,  17 SO,  the  first  part  relating  to  losses 
suffered  by  French  merchants,  either  trading  with  private 


488  LUZERNE. 

houses  in  America,  or  engaged  in  transactions  of  com 
merce  for  Congress,  or  the  several  States.  He  informed 
the  committee  that  several  papers,  which  should  have  ac 
companied  this  despatch,  were  not  come  to  hand,  so  that 
he  could  not  state  what  kind  of  compensation  the  mer 
chants  might  expect.  The  Minister,  however,  mentioned 
in  the  conference,  that  without  waiting  the  arrival  of  those 
papers,  which  may  have  been  lost,  or  may  be  delayed  for  a 
long  time,  some  recommendation  might  be  thought  proper 
to  be  sent  from  Congress  to  the  several  States,  in  order  to 
prevent  forever  the  effect  of  the  tender  laws  operating 
against  foreign  merchants  ;  that  this  would  be  an  encour 
agement  to  commerce,  and  remove  the  fears  of  foreign 
traders  in  their  transactions  with  the  citizens  of  the  United 
States.  The  Minister  communicated  that  part  of  the  Count 
de  Vergennes'  letter  relating  to  the  discussion  between  him 
and  Mr  John  Adams,  with  respect  to  the  depreciation  of 
the  paper  money,  and  the  effect  this  had  produced  on  the 
French  trade  ;  however,  he  did  not  enter  fully  into  the 
matter,  not  being  furnished  with  the  proper  papers. 

The  other  objects  of  the  communications  of  the  Minister 
of  France  were  the  measures  taken  by  the  Court  of 
Russia,  and  the  northern  powers,  on  account  of  the  rights 
of  neutrality,  and  the  conduct  to  be  observed  by  the  bel 
ligerent  powers  towards  subjects  of  neutral  powers;  and 
he  informed  the  committee,  that  those  northern  Courts  had 
made  formal  declarations  to  the  powers  at  war  respecting 
the  principles  of  neutrality  ;  and  that  they  had  concluded 
a  convention  for  the  security  of  their  navigation  and  of 
their  fair  trade.  That  this  convention  was  particularly 
obnoxious  to  the  Court  of  London,  as  it  was  now  obliged 
to  respect  neutral  flags,  which  it  had  till  then  treated  with 


DIPLOMATIC  CORRESPONDENCE.  489 

the  greatest  severity,  exercising  against  them  every  kind  of 
depredation,  according  to  its  former  practice.  That  France 
fully  approved  of  that  convention,  the  consequence  of  which 
was,  that  all  the  powers  concerned,  while  they  did  justice 
to  the  principles  of  the  King's  Council,  considered  the 
British  more  and  more  as  the  tyrants  of  the  sea. 

The  King's  Council,  therefore,  thought  it  proper  to 
transmit  this  intelligence  to  Congress,  leaving  it  to  their 
wisdom  to  adopt  the  principles  of  the  neutral  powers  laid 
down  so  long  ago  as  the  26th  of  July,  1778,  in  an  ordi 
nance  of  the  King,  which  the  Minister  of  France  delivered 
several  months  ago,  with  other  printed  papers  on  the  same 
subject,  to  the  Board  of  Admiralty.  The  Minister  thought 
i  the  more  important  for  the  United  States  to  conform 
their  maritime  laws  to  that  system,  as  they  would  thereby 
conciliate  to  themselves  the  benevolence  of  the  neutral 
powers.  He  observed,  that  American  privateers  had  pre 
sumed  to  stop  neutral  vessels  loaded  with  English  mer 
chandise,  which  had  given  rise  to  unfavorable  observations 
and  complaints  against  the  United  States.  He  observed, 
that  Holland  had  taken  a  part  in  the  association  of  the 
northern  Courts  ;  and  that  therefore  she  ought  to  be  com 
prehended  in  the  orders  of  Congress,  if  it  should  be 
thought  proper  in  those  orders  to  mention  the  names  of 
particular  powers.  But  if  Congress  adopted  a  conduct 
similar  to  that  of  France,  they  would  extend  their  orders 
in  favor  of  all  neutral  powers  generally. 

The  Minister  then  gave  a  short  historical  account  of  the 
negotiation  of  Mr  Cumberland,  observing  that  the  matter 
being  now  obsolete,  it  was  sufficient  to  mention  that  this 
agent,  having  made  proposals  of  peace  to  the  King  of 
Spain,  the  first  question  he  was  asked  was,  what  were  the 
VOL.  x.  62 


490  LUZERNE. 

intentions  of  the  Court  of  London  respecting  the  United 
States  ?  That  he,  having  no  instructions  on  this  subject, 
or  pretending  to  have  none,  had  sent  an  express  to  Lon 
don.  That  the  express  had  not  returned  when  this  letter 
was  written. 

The  Minister  informed  the  committee,  that  the  Court 
of  Versailles  had  neglected  nothing  to  procure  arms,  ammu 
nition,  and  clothing,  for  Congress.  That  the  good  inten 
tions  of  the  Court  had  not  been  well  seconded  by  the 
American  agents  ;  that  it  was  their  fault  if  these  articles 
had  not  been  forwarded  in  time  ;  that  the  Ministers  did 
not  intend  to  accuse  any  one  in  particular ;  but  were  of 
opinion,  that  Congress  should  inquire  into  the  cause  of  the 
delay,  in  order  to  inflict  such  punishment  as  would  prevent 
the  like  conduct  in  future. 

The  Minister  then  communicated  the  substance  of  a 
despatch  of  the  9th  of  March,  1781  ;  and  entering  fully 
into  the  subject,  he  told  us,  that  so  early  as  the  beginning 
of  the  year  1780,  he  had  informed  Congress,  that  a  me 
diation  might  be  opened  in  Europe.  That  the  mediators 
might  propose  the  uti  possidetis  as  the  basis  of  the  nego 
tiation.  That  it  was  of  the  utmost  importance  to  prevent 
the  effect  of  a  proposition,  so  inconsistent  with  the  indepen 
dence  of  the  United  States.  That  the  Court  of  France 
wished  to  give  them  every  assistance  in  their  power ;  but 
he  had  observed  at  the  same  time,  that  the  political  system 
of  the  kingdom,  being  closely  connected  with  that  of  other 
European  powers,  France  might  be  involved  in  difficulties, 
which  would  require  the  greatest  attention,  and  a  consid 
erable  part  of  her  resources.  That  he  had  informed 
Congress  confidentially,  that  the  death  of  the  Sovereigns 
of  some  of  the  European  States,  with  whom  the  Court  of 


DIPLOMATIC  CORRESPONDENCE.  491 

France  had  the  most  intimate  connexion,  might  oblige 
her  to  employ  the  greatest  part  of  her  resources  to  secure 
her  against  the  dangers,  which  might  be  occasioned  by 
such  an  event.  That  since  that  communication  was  made 
to  Congress,  both  those  cases  had  happened.  That  the 
Empress  Queen  was  dead.  That  the  Court  of  Versailles 
flattered  itself,  that  this  will  not  at  this  time  give  rise  to 
any  material  change  in  the  politics  of  the  Courts  of  Vienna 
and  Berlin.  That  circumstances,  however,  are  such,  that 
prudence  dictates  not  to  leave  the  frontier  of  France  bor 
dering  on  Germany  unprovided  for  defence.  That  the 
character  the  King  bears  of  guarantee  or  protector  of  the 
liberties  of  the  German  empire,  obliges  him  to  be  ready 
to  assist  effectually  the  members  of  that  body,  whose  safety 
may  be  endangered,  and  of  consequence  occasions  extra 
ordinary  expenses.  That  France  is  at  the  same  time  oblig 
ed  to  spare  the  land  forces  of  the  kingdom,  and  at  the  pres 
ent  crisis  not  to  keep  them  at  too  great  a  distance.  That 
this,  however,  is  only  a  point  of  caution  and  prudence. 
That  the  Court  of  France  still  hopes  the  issue  will  be 
peaceable  and  agreeable  to  her  wishes  ;  but  has  thought  it 
proper  to  inform  Congress  of  it. 

That  matters  are  different  with  respect  to  the  Dutch. 
That  they  are  now  in  a  state  of  war  with  the  English ;  but 
there  is  among  them  a  party  in  favor  oi  England  ;  and  not 
withstanding  the  accession  of  the  two  opposing  provinces 
to  the  resolution  of  the  States  for  making  reprisals,  a  me 
diation  has  been  entered  into  between  London  and  the 
Hague  ;  and  the  Empress  of  Russia  acts  as  mediatrix. 
That  it  is  evident  the  Court  of  London,  by  opening  this 
negotiation,  designs  to  draw  the  Seven  Provinces  to  her 
side ;  and  even  goes  so  far  as  to  expect,  that  she  may  em- 


492  LUZERNE. 

ploy  the  resources  of  the  Dutch  against  France,  either 
directly  or  indirectly.  That  the  disposition  of  that  Re 
public  is  still  such  as  friends  would  wish.  But  the  strong 
est  argument,  which  the  British  party  make  use  of  to 
separate  the  Seven  Provinces  from  France  is,  that  they 
are  destitute  of  a  naval  force  ;  that  their  seamen  are  cap 
tured  by  the  British  ;  that  all  their  riches  will  likewise  fall  a 
sacrifice;  and  that  their  settlements  in  the  East  and  West 
Indies  are  in  the  greatest  danger,  That  under  these  circum 
stances  it  was  become  necessary  for  France  to  afford  im 
mediate  protection  to  the  Dutch  in  Europe ;  and  to  make 
without  delay  a  diversion,  which  may  possibly  save  their 
East  India  possessions.  That  these  measures  had  ren 
dered  it  actually  impossible  to  send  to  the  United  States 
the  reinforcement,  which  was  announced. 

The  Minister  of  France  thinks,  that  this  confidential  and 
friendly  explanation  of  the  situation  of  France  will  con 
vince  Congress,  that  the  King  could  not  pursue  a  different 
line  of  conduct ;  and  that  the  consequences  of  the  meas 
ures  he  has  taken  must  at  last  turn  to  their  advantage. 
That,  however,  Count  de  Rochambeau  and  3V1.  Barras 
will  receive  some  reinforcements,  and  will  inform  the 
Chevalier  de  la  Luzerne  how  considerable  they  are. 

The  Minister  told  the  committee,  that  the  friendship 
and  benevolence  of  the  King  for  the  Thirteen  United  States 
had  engaged  him  to  trust  Congress  with  these  details,  ob 
serving  at  the  same  time,  that  it  would  be  proper  to  keep 
them  secret. 

In  giving  an  account  of  the  subsidy  granted  by  the 
King  of  France,  the  Minister  concluded  by  observing,  that 
the  Count  de  Vergennes  writes,  that  what  remains  of  the 
six  millions,  after  purchasing  the  supplies  of  arms  and  am- 


DIPLOMATIC  CORRESPONDENCE.  493 

munition,  would  be  at  the  disposal  of  Congress ;  or  if 
they  should  so  direct,  at  the  disposal  of  the  commander  in 
chief,  or  of  their  financier,  if  there  should  be  one ;  and 
that  the  resolution  Congress  took  on  this  subject  should 
be  made  known  to  the  Ministry,  that  funds  may  be  pro 
vided  accordingly.  In  the  course  of  the  conference  the 
Chevalier  mentioned  the  sums,  that  had  been  procured  for 
these  States  since  the  beginning  of  the  year  1780.  That 
in  that  year  the  Count  de  Vergennes  had,  on  his  own 
credit,  procured  for  Dr  Franklin  three  millions  of  livres. 
That  in  December  Dr  Franklin  wanted  one  million  more 
to  honor  the  bills  drawn  by  Congress  ;  and  that  he  re 
ceived  the  fourth  million.  That  in  the  course  of  the  pres 
ent  year,  the  Count  has  procured  for  him  on  loan  four 
millions  of  livres,  which  make  eight  millions  borrowed  on 
the  guarentee  of  France,  since  the  aforementioned  period. 
And  now  the  King  makes  a  gratuitous  donation  of  the 
subsidy  of  six  millions,  which  in  the  whole  make  up  the 
sum  of  fourteen  millions,  since  the  commencement  of  the 
year  1780. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  July  1st,  1781. 

Sir, 

I  am  ready  to  go  to  the  army  of  General  Washington, 
and  I  shall  have  the  honor  of  receiving  your  commissions 
this  evening.  My  absence  will,  probably,  be  of  short  du 
ration  ;  I  think  it  proper,  however,  to  inform  you,  that  M. 
de  Marbois  will  perform,  during  this  interval,  the  duties  of 
Charge  d'affaires  of  his  Majesty,  and  T  entreat  you,  Sir, 


494  LUZERNE. 

to  be  pleased  to  honor  him  with  your  confidence,  in  case 
you  have  any  communications  to  make  to,  or  receive  from, 
the  King's  embassy. 

I  have  the  honor  to  be,  &c. 

LUZERNE. 


M.    DE    MARBOIS    TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  July  9th,  1781. 

Sir, 

The  undersigned,  Charge  d'affaires  of  France,  has  the 
honor  of  informing  Congress,  that  the  Count  de  Barras, 
commander  of  his  Majesty's  squadron  stationed  on  the 
coasts  of  the  Thirteen  States,  labors  at  this  moment  under 
an  urgent  necessity  of  completing  his  crews.  The  dis 
eases,  which  have  prevailed  on  board  of  this  squadron,  the 
battle  in  which  it  has  been  engaged,  a  long  absence  from 
the  ports  of  the  kingdom,  and  the  manreuvres  employed 
by  many  individuals  to  excite  the  French  sailors  to  deser 
tion,  are  causes,  which  have  diminished  in  a  considerable 
degree  the  number  of  those,  who  were  employed  on  board 
of  this  squadron.  The  undersigned  is  instructed  to  com 
municate  these  circumstances  to  Congress.  The  French 
commander  thinks,  that  if  he  may  be  authorised  by  the 
Legislatures  of  the  New  England  States  to  impress 
French  sailors,  and  to  remove  them  from  the  different 
vessels,  in  which  they  may  be  found,  he  will  very  soon  be 
enabled  to  remedy  the  diminution  of  numbers,  which  he 

has  experienced. 

MARBOIS. 


DIPLOMATIC  CORRESPONDENCE.  495 

M.    DE    MARBOIS    TO    THE    SECRETARY    OF    CONGRESS. 

Translation. 

Philadelphia,  July  llth,  1781. 

Sir, 

I  have  received,  in  the  absence  of  the  Chevalier  de  la 
Luzerne,  the  letter  which  you  took  the  trouble  to  write, 
to  inform  that  Minister  of  the  King,  that  the  Honorable 
Thomas  McKean  had  been  chosen  President  of  Congress, 
in  the  place  of.the  Honorable  Samuel  Huntington.  I  shall 
communicate  this  change  to  his  Majesty's  Minister,  on  his 
return  to  Philadelphia,  and  also  to  the  Minister  having  the 
direction  of  Foreign  Affairs  in  France.  We  are  very 
sorry  to  see  that  Mr  Huntington  is  obliged,  by  ill  health, 
to  resign  an  office,  in  the  exercise  of  which  he  has  given 
frequent  proofs  of  his  wisdom,  and  of  his  attachment  to  the 
Thirteen  States,  and  to  the  alliance.  But  the  choice  by 
Congress  of  the  Honorable  Mr  McKean,  leaves  nothing 
to  be  wished  for,  and  I  can  assure  you,  Sir,  that  his  Ma 
jesty's  Minister  will  be  eager  to  show  to  him  the  same 
confidence,  which  he  has  shown  to  his  predecessor,  and 
that  we  shall  use  all  exertions  to  merit  his  in  return. 
I  have  the  honor  to  be,  &LC. 

^  MARBOIS. 

TO    THE     PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  July  20th,  1781. 
Sir, 

The   undersigned,  Minister  Plenipotentiary  of  France, 
has  the  honor  of  informing  Congress,  that  he  has  received 


496  LUZERNE. 

despatches  from  his  Court,  the  contents  of  which  may  be 
interesting  to  this  Assembly,  and  that  he  is  desirous  of 
communicating  them  to  it  through  a  committee,  if  Congress 
shall  be  pleased  to  appoint  one  to  confer  with  him.  These 
communications  relate  to  the  state  of  public  affairs  in  Eu 
rope,  in  the  months  of  January  and  February  last,  to  the 
rupture  between  England  and  the  United  Provinces,  and 
to  the  measures  to  be  taken  to  facilitate  an  alliance  be 
tween  the  Thirteen  United  States  and  that  Republic. 

LUZERNE. 


REPORT    OF    COMMUNICATIONS    FROM    THE    FRENCH 
MINISTER. 

In  Congress,  July  23d,  1781. 

The  committee  appointed  to  receive  the  communica 
tions  of  the  Minister  of  France,  delivered  in  the  follow 
ing  report. 

The  Minister,  from  his  despatches  of  the  9th  of  January, 
1781,  communicated  to  your  committee  the  causes  which 
delayed  the  measures,  which  the  Court  of  France  pro 
posed  to  take  for  the  naval  operations  of  this  campaign,  the 
length  of  the  passage  of  Count  d'Estaing  to  Brest,  and 
other  circumstances  not  necessary  now  to  be  recapitulated  ; 
and  then  told  us  that  he  was  desired,  in  the  meanwhile,  to 
continue  to  assure  Congress,  that  the  interest  which  his 
Majesty  takes  in  the  American  cause  will  essentially 
influence  his  measures  for  the  present  campaign. 

The  Minister  continued  by  observing,  that  the  present 
situation  of  affairs  between  Great  Britain  and  Holland 
presented  a  favorable  opportunity  for  a  union  of  the  two 
Republics. 


DIPLOMATIC  CORRESPONDENCE.  497 

Your  committee  will  not  repeat  the  details  of  what  has 
happened  between  the  two  powers  of  England  and  Hol 
land  ;  it  is  sufficient  to  observe,  that  Sweden  and  Denmark 
have  adopted  the  plan  of  the  armed  neutrality,  framed  by 
the  Empress  of  Russia  ;  that  the  Dutch,  upon  invitation, 
had  done  the  same,  and  the  Court  of  London,  irritated  by 
this  step,  took  hold  of  the  pretence  afforded  by  the  papers 
found  on  Mr  Laurens,  and  published  a  manifesto  on  the 
21st  day  of  December,  as  well  as  a  proclamation  for  expe 
diting  letters  of  marque.  That  this  state  of  affairs,  and 
the  other  consequences  of  this  step,  deserve  the  attention 
of  Congress.  That,  if  their  High  Mightinesses  should  join 
in  this  war,  it  would  bring  the  two  Republics  to  terms  of 
more  intimate  union.  That  the  opinion  of  the  Council  of 
the  King  was,  that  Congress  ought  not  to  neglect  to  send 
to  Holland  a  prudent  and  able  man,  with  full  powers.  It 
would  likewise  be  advantageous  to  give  proper  instructions 
to  that  Minister ;  and  as  it  may  happen  in  the  course  of 
the  negotiations  that  unforeseen  incidents  may  present 
themselves,  and  as  it  is  impossible  at  this  distance  to  have 
quick  information,  it  would  be  proper  to  have  further  in 
structions  given  by  Dr  Franklin,  in  order  to  avoid  all 
inconsistency  or  contradiction,  and  that  the  political  opera 
tions  of  Congress,  aiming  towards  the  same  end,  may  of 
course  be  more  successful. 

The  Minister  communicated  to  your  committee  the 
contents  of  another  despatch,  of  the  19th  of  February  last. 
After  stating  some  facts  relating  to  Mr  Laurens's  capture, 
and  its  consequences,  which  Congress  are  already  ac 
quainted  with,  the  Minister  informed  your  committee,  that 
the  Empress  of  Russia  had,  on  the  5th  of  January,  received 
the  accession  of  the  United  Provinces  to  the  association  of 
VOL.  x.  63 


498  LU2ERNJ3. 

neutral  powers,  and  that  there  was  great  probability,  that 
her  Imperial  Majesty  would  support  the  Dutch  against  the 
tyranny  of  England,  and  that  on  every  supposition,  Con 
gress  would  do  well  to  take  such  measures,  as  to  prepare, 
without  delay,  the  means  of  uniting  the  interest  of  the  two 
Republics,  by  making  proper  advances  to  the  States- 
General.  The  Minister  added,  that  he  was  authorised  by 
the  King  to  offer  Congress  his  interposition  for  this 
purpose. 

The  Minister  informed,  that  according  to  appearances 
the  Empress  of  Russia  seemed  to  be  well  disposed  to  the 
independence  of  the  United  States  ;  and  that  these  dispo 
sitions  give  reason  to  think,  that  the  Empress  will  see  with 
pleasure,  that  Congress  have  adopted  her  principles  as  to 
the  neutrality,  and  that  the  Count  de  Vergennes  has  sent 
that  resolution  to  the  Marquis  Verac,  the  Minister  of 
France  to  the  Court  of  Russia. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  July  26th,  1781 
Sir, 

The  twentyninth  article  of  the  Treaty  of  Amity  and 
Commerce,  between  his  Most  Christian  Majesty  and  the 
United  States,  reserves  to  the  two  contracting  powers,  "  the 
liberty  of  having,  each  in  the  ports  of  the  other,  Consuls, 
Vice-Consuls,  Agents,  and  Commissaries,  whose  functions 
shall  be  regulated  by  a  particular  agreement."  In  conse 
quence  of  this  stipulation,  the  Court  of  Versailles  has 
caused  a  draft  to  be  made  of  a  convention,  relative  to  the 
establishment  of  Consuls,  which  the  undersigned,  Minister 


DIPLOMATIC  CORRESPONDENCE.  499 

Plenipotentiary  of  France,  has  the  honor  to  communicate 
to  Congress.  It  is  the  desire  of  his  Majesty,  that  this  draft 
should  be  examined  by  Congress,  and  those  points  marked 
which  admit  of  no  difficulty  ;  and  that  the  others  should  be 
submitted  to  the  examination  of  delegates  appointed  by  both 
parties,  who  may  make  such  observations  as  they  shall 
judge  proper,  and  propose  such  alterations  as  they  may 
think  convenient.  These  objects  will  require  discussion  in 
repeated  conferences,  and  the  undersigned  entreats,  that 
Congress  would  determine  in  what  manner  these  confer 
ences  shall  be  held.  The  proposed  convention  requires 
the  most  mature  consideration  of  both  parties ;  while  at 
the  same  time,  it  is  equally  the  interest  of  both  with  all 
speed  to  introduce  consistency  and  uniformity  into  their 
respective  commercial  establishments,  and  the  undersigned 
is  of  opinion,  that  Congress  will  think  it  necessary  to  pros 
ecute  this  business  with  all  possible  despatch.* 

LUZERNE. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  August  23d,  1781. 

Sir, 

The  undersigned,  Minister  Plenipotentiary  of  France, 
has  the  honor  of  informing  Congress,  that  the  situation  of 
affairs  requires,  that  M.  de  1'Etombe,  Consul  General  of 
France,  in  the  four  States  of  New  England,  should  pro 
ceed  immediately  to  his  destination.  This  officer  being 
provided  with  the  commission  of  his  Majesty,  in  the  form 

*  See  the  draft  of  this  Convention  in  the  Secret  Journal,  Vol.  III. 
p.  6. 


500  LUZERNE. 

made  use  of  for  the  other  French  Consulates,  in  the 
different  quarters  of  the  world,  it  is  desirable  that  his  char 
acter  should  be  recognized  in  the  manner  and  form,  which 
for  the  future  are  to  take  place  uniformly  throughout  the 
Thirteen  United  States.  The  undersigned,  Minister 
Plenipotentiary,  consequently  entreats  Congress  to  deter 
mine  provisionally,  what  this  form  shall  henceforward  be, 
without  waiting  till  the  plan  to  be  agreed  upon  shall  be 
definitively  settled.  He  is  also  desirous,  that  Congress 
will  be  pleased  to  pass  a  resolution  on  the  subject  of  the 
recognition  of  the  character  of  Vice-Consuls. 

LUZERNE. 


TO    THE    PRESIDENT    OF    CONGRESS. 

Translation. 

Philadelphia,  September  6th,  1781. 

Sir, 

The  undersigned,  Minister  Plenipotentiary  of  France, 
has  the  honor  of  communicating  to  Congress  the  com 
mission  of  M.  de  1'Etornbe,  as  Consul  General  of  France 
in  the  States  of  New  Hampshire,  Massachusetts,  Rhode 
Island,  and  Connecticut.  He  requests  Congress  to  be 
pleased  to  pass  an  act,  or  four  different  acts,  in  order  to 
procure  for  the  said  Consul  the  exequatur  in  each  of  the 
States,  to  which  his  functions  are  to  extend. 

LUZERNE. 


END    OF    THE    TENTH    VOLUME, 


DATE 


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